History: Fiction or Science? (Chronology, No. 1)

Book Description

Recorded history is a finely-woven magic fabric of intricate lies about events predating the sixteenth century. There is not a single piece of evidence that can be reliably and independently traced back earlier than the eleventh century. This book details events that are substantiated by hard facts and logic, and validated by new astronomical research and statistical analysis of ancient sources.

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Calculations are only as good as your numbers.......2007-08-03

Yes, we can all agree that mainstream history is nearly 100% BS due to politics, economics, ego, problems with dating techniques, and various conspiracies. Agreed. But, I've been researching the distinct possibility that human history (in terms of civilizations) are much more ancient than we've been told, so coming across this book was very interesting to me. I wondered how Fomenko could be wrong (if at all) because he is very persuasive in his presentations. Then it dawned on me. If at previous times in prehistory, due to the various catastrophies that are well documented (comets, asteroids, planetary disruptions, plasma discharge, pole reversals, etc) the Earth was in a different position in relation to the sun, different tilt on its axis, different orbit, different rotation (in terms of velocity and DIRECTION), and the continents were in different positions, then would this not cause the ancients to see the sky (constellations) differently? In other words, is Fomenko making erronious assumptions about the physics of the Earth in pre-history, which then corrupt his data with regards to dating the relevant astrology? The last event to seriously disrupt our planet occured roughly 3500 years ago, according to other good researchers, so is it possible Fomenko has been confused by this? The vastly different physics of our planet in the not so distant past may explain this confusion, which is not to say the "mainstream" version of history is correct; on the contrary. I am not an expert in these fields, but wanted to see if this idea could spark discussion.

Pants on fire?.......2007-07-19

Will people ever read before spamming? Yes, Jesuits could not rewrite world history alone, they had help. Anyway, Dr Prof Acad A.Fomenko does not point to jesuits as the driving force of world wide history manipulation in published volumes 1,2,3;, actually he barely mentions the poor devils. Check it with 'Search inside' feature, please. China is rarely mentioned either, in fact, Dr Fomenko is completely eurocentric. Right, his theory contradicts all mainstream schools of history, because in their actual state they are all built on blatantly erroneus chronology. You don't need a mysterious cabal (conspiracy) to falsify history, the falsification is its modus operandi. It is inherent to history(ians) to falsify (distort) events, as it is inherent to humans to boast as it is inherent to power (authority) to legimize itself by referrring to glorious past made to its own order. Dr Prof Fomenko and team have identified scores of instances of such manipulation in Russian, European, etc.. history, and delivered valid statistical proof thereof. His own 'reconstruction' is completely another story. Forget c14 as a valid method of dating. W.Libby has initially discovered a brilliant method of INDEPENDENT dating. Too bad, c14 method has become a joke after a forced marrige with dendrochronology with consensual chronological scale inbuilt. Radiocarbon method can't stand blind tests, but is so very productive as a rubberstamp.

Accepted History & Chronology Must Be Changed. .......2007-04-09

There is no doubt that history as most know it is a sham, & institution's version of History both University & Church is fradulent & inaccurate. Everything was established with an agenda, The real "Dark Ages" are now when we have access to incredible amounts of information past authorities & more important 'common folk' didn't have but our institutions & educators are slow to evolve because of what has ignorantly & arrogantly been taught for too long. This is on many subjects not just Chronology.

For anyone to question "Why would a Mathematician have anything credible to say of History?" The answer is from Dr. Fomenko's preface in the book: "It would be worthwhile to remind the reader that in the XVI-XVII century Chronology was considered to be a subdivision of Mathematics." These volumes could possibly be some of the most important works to date & should be read by everyone with an interest in History, especially professors & educators who have a duty to the public. I have read both books & must say that 'Chronology 1' has some very eye opening & revolutionary information. Even if these volumes are part true the implications are profound & opens the doors to further investigations & questions which must be done. I speak several different lanquages & must say the logic Dr. Fomenko uses with "inflection" of words & words being read from left to right in one region & right to left in another then written backwards, the removal of vowels & get down to basics of words, or different cities & locations having the same name etc. is correct. Vowel usage has always been optional & varied, actually complicating linquistics & study. The first thing one has to understand is that words never had a fixed spelling in history like we do now, the spelling of words was mutable & regional, as well as names & titles of people were vast, varied & changed, NOTHING WAS FIXED or understood linear. Matters of Life & Death as well as financial profiteering yesterday & today were & are made with ignorant, illogical & conspiratorial views of history & reality, it's time people get closer to the Truth & society collectively grow up.

Very Interesting.......2007-03-07

It is a good proposal and I believe it will mature into something even better in the future. I think it deserves to be read.

History as Science Fiction.......2007-01-10

Anatoly Fomenko has written a very intriguing book, full of pictures, charts, and computer 'proof' of his thesis: backwards of AD900 we don't really know what happened or when. Between AD900 and AD1600 there is more certainty, but there is still a lot of fuzzy ground, and things don't get reliable until we get past the 1600's where the printing press made it very difficult for the perpetrators of this timeline manipulation to change anything that had been committed to print. The Dark Ages did not happen. Books were burned for a reason. One organization has doubled the actual length of its existence by expanding the real chronology. Read why.

I had always wondered why Christ died about AD33 and yet men waited until the 11th century to form the Knights Templar, the Cathars, etc and go after the Holy Land by force. Why the 1000 year gap? Turns out there wasn't more than a 10-12 year gap and he proves it using astronomy. This also implies that the planet is not as old as we have been told, and current Christian and other creationist scientists are already championing that idea without being aware of Fomenko's book. The two groups, creationist scientists and the Russian mathematical analysts corroborate each other. Fascinating.

Of course, all this flies in the face of what we have been told traditionally is the 'proper' chronology of western civilization, and most readers will experience 'cognitive dissonance' in reading this book. It means that our history going backwards from AD1600 becomes progressively more incorrect and unreliable until it cannot be trusted at all... in the space of 700-800 years.

Naturally, the curious, open-minded reader will want to know WHO did this, WHY, and did any of the events we think of as really ancient ever happen?
Dr. Fomenko is a respected scientist/mathematician at Moscow State University who has already answered these questions to the satisfaction of his initially skeptical colleagues. Most of them are now believers, a few still refuse to believe (the usual diehards), and of course the western press has ignored Fomenko's work -- for obvious reasons when you read the book. The ones who perpetrated this chronology ruse have a lot to answer for. They are still with us. That's why this book is a well-kept secret.

I gave the book a 4-star rating because I was unable to check out some of his claims; those I checked were as he said. But if even 1/3 of his claims are true, this punches a big hole in what we think is our history, the meaning of western civilization, our educational process (for repeating the ruse as gospel), and the trustworthiness of the organization that perpetrated this ruse, well-intentioned or not.

This book relates to current research into a Young Earth paradigm, to John Keel's discoveries about our planet, and Fr Malachi Martin's insights (in his now out-of-print books). We are indeed sheep who are manipulated and kept ignorant -- for a reason. While knowing what these men have to say may be the "booby prize" (as in: 'what can you do with this knowledge?'), it will provide interesting reading. Didn't someone say: "...and the Truth will set you free."?? For you to judge if this book contains the truth.

European Union Law in a Global Context: Text, Cases and Materials

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European Union Law in a Global Context: Text, Cases and Materials
Trevor C. Hartley
Manufacturer: Cambridge University Press
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Binding: Paperback

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ASIN: 0521527309

Book Description

This comprehensive introduction to European law in its international context also includes significant coverage of international and comparative law, especially in the area of human rights. Trevor Hartley provides an explanation of the basic principles of each topic covered. The inclusion of cases and extracts from European Community treaties and other instruments make it an invaluable resource for students of European Union (EU) law at university level. Moreover, its coverage of the practical application of EU law in British Courts will be of use to practitioners.

Law as a Means to an End: Threat to the Rule of Law (Law in Context)

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An Important Critique of the Pragmatic Theory of Judging

Law as a Means to an End: Threat to the Rule of Law (Law in Context)
Brian Z. Tamanaha
Manufacturer: Cambridge University Press
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ASIN: 0521689678

Book Description

The contemporary U.S. legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

Customer Reviews:

An Important Critique of the Pragmatic Theory of Judging.......2007-01-01

Professor Tamanaha makes a very important point here about the pragmatic theory of judging. Pragmatic judging -- an approach advocated most eloquently by Judge Richard Posner in a number of books and other writings -- means in essence that, when faced with an issue that is not clearly resolved by the existing law, the judge should resolve the issue in the way that he or she thinks makes the most sense, all things considered, for the parties and society. This approach obviously gives judges a lot of leeway, since "what makes the most sense" is something that no two people are likely to agree upon. Posner thinks that that is OK because judges do it anyway, and so we might as well be up front about it.

Tamanaha's response is twofold. First, he argues that Posner exaggerates the extent to which judges typically resolve issues according to their private biases instead of what legal reasoning points to as being correct (or most nearly correct). Second, Tamanaha argues that there is a major difference between a judge who says, "I can and should resolve issues based on what I think makes the most sense *except when* the law *clearly resolves* the issue," and a judge who says, "I can and should resolve issues based on what I think makes the most sense *only when* the law *truly does not resolve* the issue." In other words, the pragmatic judge gives himself free rein whenever he can, while the traditional judge gives himself free rein only when there's really no other choice.

This argument is most clearly laid out in the last chapter of "Law as a Means to an End." If you're familiar with the terms of the debate, you could read that chapter by itself with benefit. The rest of the book provides a history of the instrumental view of law and the effects that Tamanaha believes the instrumental view has had on the U.S. The "effects" part of Tamanaha's argument was not totally convincing for me. For example, he argues that the change (roughly around 1900-1940) from a predominantly non-instrumental view of law to a predominantly instrumental view led people to see law as the main way of changing society however they want, by causing the government to change the law. But one could as plausibly argue that it was the explosive growth of legislation and regulation during the same period (for reasons other than a changing philosophy of law) that led people to see government, through its law-making function, as the main way of changing society, and that the instrumental point of view took hold as a result.

In addition, I'm not sure that instrumental vs. non-instrumental is the most accurate way to frame the issues Tamanaha discusses here. Law has always been seen as a means to an end -- as promoting something good outside itself (morality, justice, civil order, etc.). The difference between what Tamanaha calls the non-instrumental and instrumental views is the degree to which those views take law to be malleable. The non-instrumental view sees the means and ends of law as relatively fixed, whereas the instrumental view sees the means and ends as being freely changeable. This does seem to be Tamanaha's real point -- the image he uses to demonstrate instrumental thinking is of the law as an "empty vessel" that law-makers can fill with whatever they want. "Instrumentalism" merely seems to me to be an inaccurate way of capturing the debate.

In any event, Tamanaha's overarching argument provides a strong and needed qualification to the pragmatic approach.

The Detection of Deception in Forensic Contexts

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The Detection of Deception in Forensic Contexts

Manufacturer: Cambridge University Press
ProductGroup: Book
Binding: Paperback

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ASIN: 0521541573

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Deception detection has traditionally been characterized by approaches which analyze different aspects of deception such as verbal content, non-verbal behavior and polygraph testing. Recent intensive research in this field has resulted in an impressive corpus of cutting-edge knowledge. The contributions of international experts in this volume provide a valuable resource for academics, students and practitioners in the legal domain.

Handbook of Psychology in Legal Contexts

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Handbook of Psychology in Legal Contexts

Manufacturer: John Wiley & Sons
ProductGroup: Book
Binding: Paperback

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ASIN: 0471941824

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Contemporary and authoritative in its scope, the second edition of The Handbook of Psychology in Legal Contexts will again prove to be a valuable resource for scholars and students, as well as being a vital tool for all professionals working in the field.

Well known editors and an international list of authors, most of whom are leaders in their field
Focus on psychological concepts and knowledge that will enlighten best practice and research
The focus on process and issues ensures that the book is not limited in interest by specific legal codes or legislation, it is international
More than an updating of the old chapters, really a rethinking of the field and what is now important and emerging

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The second edition of this popular international handbook highlights the developing relationship between psychology and the law. Consisting of all-new material and drawing on the work of practitioners and academics from the UK, Europe, North America and elsewhere, this volume looks not only at the more traditional elements of psychology and the law - the provision of psychological assessments about individuals to the courts - but also many of the recent developments, such as the interaction between psychologists and other professionals, decision-making by judges and juries, and the shaping of social policy and political debate. David Carson, a lawyer with special interests in developing practical approaches to the prevention of legal problems, and Ray Bull, a psychologist specialising in legal applications of psychology, have ensured that each chapter is relevant to, and easily readable by, both professions. Contemporary and authoritative in its scope, the second edition of the Handbook of Psychology in Legal Contexts will prove to be a valuable resource for scholars and students, as well as being a vital tool for all professionals working in the field.

American Law in a Global Context: The Basics

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BSOS Review Vol. 15 No.7 (July 2005), pp.617-620
Good introduction

American Law in a Global Context: The Basics
George P. Fletcher , and Steve Sheppard
Manufacturer: Oxford University Press, USA
ProductGroup: Book
Binding: Hardcover

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ASIN: 0195167228

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Whatever your background, if you seek an understanding of the legal system of the United States, this is the book for you. American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law, and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject, engaging readers in the legal process and the arguments between real people that make American law an ever-evolving system. George P. Fletcher and Steve Sheppard's exciting approach contrasts the American legal system with other legal systems, especially those of continental Europe. This comparison illuminates the core concepts of US law, making them easily understandable to readers from other systems, and offering a unique perspective on American law as part of global network of laws. Designed to help the foreign student grasp the basic ideas of pedagogy, legal institutions, and substantive law in the US, appendices include an introduction to the common law method, instruction on how to read a case, and the interpretation of statutes. Based on the course for lawyers from across the globe studying American law at Columbia University, this cutting edge volume makes the basics of American legal education accessible to students and the public worldwide. A must-own reference source for LLM students, undergraduates, and students of US law in other countries.

Customer Reviews:

BSOS Review Vol. 15 No.7 (July 2005), pp.617-620.......2005-11-15

Reviewed by Kirk A. Randazzo, Department of Political Science, University of Kentucky. Email: Kirk.Randazzo@uky.edu

As scholars of the law increasingly turn their attention to countries beyond the United States, they readily discover significant differences across a myriad of legal issues, including the development of legal doctrine, the application of precedent, and the evolution of the contemporary legal environment. Yet, we often take for granted that individuals will be familiar with the principles of U.S. common law. Thankfully, George Fletcher and Steve Sheppard do not make this assumption. Rather, their book AMERICAN LAW IN A GLOBAL CONTEXT, examines the foundations and evolution of common law in the United States, with an explicit focus on an audience not familiar with these aspects. As they state early on, "these materials grew out of three years' experience teaching cases to the incoming class of LLM students at Columbia University" (p.ix). Though this is not a research oriented text per se, it should be on the reading lists of those individuals contemplating law school, especially individuals with a limited knowledge of American law.

The organization of the book is straightforward, beginning with a general discussion comparing common law to civil law. Then, the authors move into a section on the development of legal authority, which includes chapters on the notion of equality and freedom, due process and federalism. The third section explores the evolution of common law in non-criminal areas, such as property, equity, contract, and tort. Finally, the authors explore common law as it relates to criminal issues. In each chapter, Fletcher and Sheppard begin by providing definitions of various concepts and discussing how they compare to their civil law counterparts. After these discussions, the authors provide actual cases to illustrate the concepts as they are applied in legal decisions. It is obvious that the authors spent a good deal of time identifying appropriate cases for inclusion, as each serves as a good example of the specific concept in question. Additionally, the authors provide numerous open-ended discussion questions after the case illustration to help readers identify key relationships and work through unresolved issues.

For example, in the first chapter on comparing common law to civil law, Fletcher and Sheppard begin with an examination of the writings of Sir Edward Coke and Sir William Blackstone, both considered founders of the English Common Law. To help illustrate the foundations of common law, the authors make reference to the case SCOTT v. SHEPHERD (1773), which involved "trespass and assault for throwing, casting, and tossing a lighted squib at and against the plaintiff, and striking him therewith on the face, and [*618] so burning one of his eyes, that he lost the sight of it" (p.21). After reproducing the case, the authors list a series of questions and comments designed to draw particular attention to important issues. One question asks readers to summarize the legal position of one of the attorneys; another comments on the differences between common law, civil (Roman) law and canon (church) law. These questions and comments are listed in addition to questions pertaining to the disposition of the case. In sum, the use of actual cases and thoughtful questions/comments in this combination helps the reader explore the various nuances of English common law. Consequently, this serves as a suitable introductory chapter. The remaining chapters of the first section explore specific aspects of the civil legal tradition: the prominence of statutes, the use of case law, and the incorporation of scholarly authority; interpretation of various legal concepts, including due process, policy, fairness, reasonableness, deference, and discretion; and finally, an examination of legal reasoning within common law that focuses on deduction and analogy, stare decisis and precedent versus dicta, and statutory interpretation.

The second section, labeled "Constitutional Identity," compares aspects of American common law to their closest match in the European civil law traditions. For example, the authors liken the U.S. Constitution to the "American national code" (p.109) as a way to create a frame of reference for unfamiliar readers. After reproducing the Constitutional text and the Bill of Rights, Fletcher and Sheppard set up a number of pointed questions, such as "the German Basic Law (constitution) begins by claiming that it binds alle stalliche Gewalt (`all state power'). Does this document bind all state power in the United States?" or, "how is the Supreme Court different from a constitutional court on the European continent?" (p.129). These questions compel a reader to think seriously about the interbranch relationships established by the U.S. Constitution, and provide a good comparison to civil law traditions and foundations of authority.

In Chapter Eight, the authors provide an interesting argument on the origins of American common law. They preface the argument by stating that "on many questions of American law, there are two or more answers: the dominant view of the case law of scholarly opinion and many dissenting views" (p.173). They offer this preface to help describe the notion of an "alternative constitution" that began as a dissenting view and evolved into a dominating position. In supporting this argument, the authors note that the Constitution is the third document in a series that established the United States; the first two documents are the Declaration of Independence and the Articles of Confederation. Though the Constitution explicitly replaced the Articles of Confederation as the primary source of law, neither nullified the Declaration of Independence. As such, the authors inquire, "what is the relationship between the Declaration and the Constitution?" (p.173). This question implies that certain ideas exist in a broader legal sense that may not have been explicitly included in the Constitution. While the authors hint an answer through various discussion questions and inclusion of language from the Gettysburg Address, the Reconstruction Amendments, and cases like STRAUDER v. WEST VIRGINIA [*619] (1879) and the CIVIL RIGHTS CASES (1883), they do not explicitly nor extensively discuss the notion of an "alternative constitution." Thus, the reader is left alone to determine the credibility of this argument. Given the potentially serious implications of this contention, I would have preferred a more unambiguous discussion from the authors with their conclusions about the development of the "alternative constitution." And, since the text is oriented toward individuals not familiar with American common law, a more specific discussion of this notion is essential to their understanding of the evolution and development of law in the United States.

The third section explores the evolution of American common law in the non-criminal sense. Twelve chapters are devoted to concepts such as property, contract, tort, and the American civil trial. The chapters in this section succinctly explain the various concepts and provide numerous details and specific cases to fully illustrate particular ideas. Yet, one chapter seems out of place: in Chapter Twenty-Three, the authors explore briefly the law and economics field. However, while the other chapters present relatively objective information, this chapter contains an overt bias against economic models of law. For example, Fletcher and Sheppard state that "economic theorists of law are lumpers rather than splitters. They see similarities but downplay conceptual differences. They blur the meaning of causation, of property, and of liability. . . Arguments of lumping generate a temporary sense of understanding. . . [Yet,] the price of this understanding is a widespread debasing of the language. Without precise language, careful thought and argument come to an end" (p.470).

I do not wish to engage in a debate over the law and economics field, nor point out the numerous contributions these analyses provide (which the authors neglect to discuss in great detail). I mention this chapter simply because its tone is significantly different from the remaining portions of the book. Throughout the text, the authors present information in an unbiased manner. Even the questions at the end of each chapter challenge the reader to formulate an opinion independent of the authors' perspective. Yet, Chapter Twenty-Three deviates from this pattern, instead offering a normative argument against economic legal theories. In a volume that claims to help readers "seek an understanding of the legal system of the United States" (p.3), the overtly biased discussion presented in this chapter seems misplaced.

Finally, to help explain the development of criminal law in the United States, Fletcher and Sheppard rely on the 1987 New York state case, PEOPLE v. BERNHARD GOETZ. This notable incident (at least according to the U.S. news media) involved the shooting of four black youths by Goetz (a white male) on a New York subway. The authors provide an initial description of the facts surrounding this incident, to set the stage for a discussion of several questions, such as "What crimes do you charge against Goetz?" and "How do you defend Goetz against these charges?" In the course of this discussion (which continues across three chapters), the authors focus on a myriad of issues. First, they address the nature of the adversarial system in the United States [*620] and compare it to the historical European inquisitorial system and the more contemporary accusatorial system. Next they discuss various rules of evidence, the jury system, and separation of conviction from sentencing. The authors then conclude this section with a discussion of rules and norms related to self-defense, comparing the evolution of domestic regulations in the United States to the development of international law.

In conclusion, I believe this is a well-written volume that accomplishes its stated goal-to help familiarize readers with the American common law. It is a text that I will strongly encourage my students to read, if they wish to pursue a legal education.

Good introduction.......2005-09-09

American Law In A Global Context is a good introduction to basic principles of American law. It covers most topics studied by law students in their first year of law school, and translates them into short chapters stressing the essential principles. It is interesting to notice that, while the topics treated in the book are very diverse, the authors manage to show links between the different areas of the (complex) American legal system.
I would however only recommend this book to those who have an advanced interest in American law, and look to get (only) the necessary basics to build on. Why? The authors leave the reader with many unanswered questions, be it through an incomplete treatment of the subject (while a lot of basic principles are explained, the treatment of the subjects remain in the end very basic, and it is obvious that the authors had to choose what to insert in their book) or through questions explicitly mentioned after cases or other materials introduced in the book. These (explicitly mentioned) questions are interesting and stimulate the reader who is willing to invest some time to think about these issues, but they can be frustrating to somebody who only wants to be introduced to the basics of American law without having to inquire further.
Hence, it overall is a good read for anyone with a strong interest in the basics of American law.

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Terrorism in Context

Manufacturer: Pennsylvania State University Press
ProductGroup: Book
Binding: Paperback

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ASIN: 0271010150

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An interdisciplinary investigation of the phenomenon of terrorism in its political, social, and economic context as it has occurred throughout the world from the nineteenth century to the present.

Acts of violence committed by terrorists have become a staple of news reports in modern times, from hijackings to bombings, kidnappings to assassinations. How are we to understand both the causes and the consequences of these disturbing events? The key, this volume of original essays shows, lies in linking terrorism to the different contexts—historical, political, social, and economic—in which it occurs.

The fourteen contributors to this volume—historians, political scientists, and sociologists—provide the expertise to explain the continuities and discontinuities in the development of this form of violent political action in a variety of contexts. They link terrorism to the pattern of relations between state and society and between governments and oppositions. Their studies range from the early manifestations of terrorism in revolutionary Russia and the anarchist movements of Western Europe and the United States in the late nineteenth century up to the terrorism still ongoing in Latin America and the Middle East. A section on left-wing terrorism covers the activities of the Italian Red Brigades and German Red Army Faction in the l960s and l970s, the urban guerilla warfare in Argentina in the 1970s, and the rise of Sendero Luminoso in Peru during the 1980s and 1990s. Another section deals with terrorism arising from conflicts in divided societies—by Basques in Spain, the IR! A in Northern Ireland, and Sihks in India. The last major section considers terrorism as it has been linked to the establishment of nation-states in Algeria, the Israeli-Palestinian conflict, and the effort of Iran to export its Islamic revolution throughout the Middle East.

Book Description

How can religious liberty be guaranteed in societies where religion pervades everyday life? In The Wheel of Law, Gary Jacobsohn addresses this dilemma by examining the constitutional development of secularism in India within an unprecedented cross-national framework that includes Israel and the United States. He argues that a country's particular constitutional theory and practice must be understood within its social and political context. The experience of India, where religious life is in profound tension with secular democratic commitment, offers a valuable perspective not only on questions of jurisprudence and political theory arising in countries where religion permeates the fabric of society, but also on the broader task of ensuring religious liberty in constitutional polities.

India's social structure is so entwined with religion, Jacobsohn emphasizes, that meaningful social reform presupposes state intervention in the spiritual domain. Hence India's "ameliorative" model of secular constitutionalism, designed to ameliorate the disabling effects of the caste system and other religiously based practices. Jacobsohn contrasts this with the "visionary" secularism of Israel, where the state identifies itself with a particular religion, and with America's "assimilative" secularism.

Constitutional globalization is as much a reality as economic globalization, Jacobsohn concludes, and within this phenomenon the place of religion in liberal democracy is among the most vexing challenges confronting us today. A richly textured account of the Indian experience with secularism, developed in a broad comparative framework, this book is for all those seeking ways to respond to this challenge.

The Politics of a European Civil Code (Private Law in European Context)

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The Politics of a European Civil Code (Private Law in European Context)

Manufacturer: Aspen Publishers
ProductGroup: Book
Binding: Hardcover

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All Titles | Qualifying Textbooks - Fall 2007 | Stores | Books
ASIN: 9041124101

Book Description

The European Commission's recently published Action Plan on European Contract Law has re-fuelled the ongoing debate about the idea of a European Civil Code. Whatever its eventual economic, social, or cultural value, few doubt that the shape of the Civil Code, if and when it comes, will have been determined primarily by political considerations.

Here is a remarkable collection of essays on the ideologies and power struggles that inform the effort to Europeanize private law. In addition to a manifesto emphasising the role of social and distributive justice, nine articles by prominent European academic jurists offer analytic perspectives that take account of such significant factors as the following:

the politics of the Action Plan process;
the notions of coherence, social values and national tradition;
extension of the European unification debate to property law;
a code for the ordinary working people;
cultural diversity;
the legal basis for a European Civil Code;
the constitutional process and the role of fundamental rights;
a European social model

With its broad scope and depth of insight, this deeply informed and far-seeing collection makes a powerful contribution to the debate. It should not be overlooked by any student, scholar, or practitioner concerned with the nature of private law in Europe.

Book Description

The active pursuit of social and labor rights is seen as a crucial response to globalization. Essays by leading scholars from the U.K., Ireland, France, Germany, Italy, Japan and the U.S. question the effectiveness of the new rhetoric of rights (such as decent work and security; equality of opportunity; adequate food and housing; and healthcare). The contributors examine emerging new approaches at the international and E.U. level in several European countries, Japan, and the U.S. and in codes of practice of multinational companies.

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