Abandoning the Nationalist Framework

2018 ◽  
Author(s):  
Kjell Å Modéer
Keyword(s):  
German Law ◽  
Comparative Law ◽  
The United States ◽  
Legal Positivism ◽  
Special Role ◽  
Legal Realism ◽  
Critical Theories ◽  
Legal Discourses ◽  
Post War ◽  
Modern Nation State

This chapter is about the relations between the national legal system and the ‘other’—especially from the creation of the modern nation state in the early nineteenth century and up to current times. Comparative law in the twentieth century was dominated by the concept of ‘valid law’, functionalism, legal positivism and legal realism. The parameters of time and space within law were minimalized. The German law emigrés from Nazi Germany to England and the United States played a special role for the relation to comparative law, and several of these scholars played a great role for the post-war development of comparative law. Critical theories and post-colonialism have developed new legal discourses on culture and identity, and have increased interest not only in history but also in differences between legal cultures—and thus an increasing interest in comparative legal history.

scholarly journals Economic and Political Reconstruction and Development of FRG in the Period after World War II

2021 ◽  
pp. 139-151
Author(s):  
Mariusz Janik
Keyword(s):  
World War Ii ◽  
Agricultural Production ◽  
The United States ◽  
West Germany ◽  
Marshall Plan ◽  
Special Role ◽  
World War ◽  
Monetary Reform ◽  
Post War ◽  
War Production

In the first post-war years, the policy of the Western occupying powers towards Germany was aimed at preventing the economic revival of their former formidable competitor. As a result of these efforts, West Germany rebuilt its economy to the pre-war level later than Great Britain or France. The undoubted shift in the economic development of West Germany began in mid-1948. The impetus for the rapid growth of industrial production was the monetary reform carried out by the Western occupying powers, as well as the inflow of funds under the Marshall Plan. The monetary reform carried out in June 1948 favoured the strengthening of the financial market and was an incentive to invest. The influx of capital under the Marshall Plan had a similar impact on the West Germany’s economy during this period. The western zones of Germany played a special role in this plan. The United States, striving to strengthen its position in these zones as much as possible and use them as a strategic base (aimed, inter alia, against the communist bloc), provided West Germany with a sum of loans and subsidies significantly exceeding the amount of aid provided to other Western European countries. An extremely serious burden for the Western occupation zones was the influx of refugees from neighbouring areas (a total of about 10 million people) and the need to maintain the occupation troops, which directly led to a huge deficit in food resources. Agricultural production fell and ranged only from 66% to 75% of the pre-war production level.

Vasyl Bezkorovayny’s vocal works in Ukrainian music of the first half of the XX century

2019 ◽  
pp. 500-515
Author(s):  
Nataliia Kosaniak
Keyword(s):  
Choral Music ◽  
Instrumental Music ◽  
Symphony Orchestra ◽  
Vocal Music ◽  
The United States ◽  
Musical Life ◽  
Western European ◽  
Vocal Works ◽  
Post War ◽  
Talented Artist

Vasyl Bezkorovayny (1880–1966) was a talented artist, an active figure in the musical life of Galicia and a representative of post-war Ukrainian emigrants in the United States of America. He wrote more than 350 works of various genres. Among them are compositions for symphony orchestra; vocal works — for chorus, ensembles or solo singing; chamber and instrumental music — for piano, violin, zither, cello; music for dramatic performances. The article deals with the archival and musicological analysis of expressive and stylistic features of V. Bezkorovayny’s vocal works, based on the materials of Stefanyk Lviv National Library of Ukraine. Attention is paid to the place of the composer’s vocal masterpieces in the context of Ukrainian vocal music of the first half of the XX century. The most important achievements of the composer related to the genres of choral and chamber vocal music. In style, the composer’s works combine the influences of M. Lysenko, composers of the «Peremyshl school» and Western European romantic and post-romantic models. The original secular choral music of V. Bezkorovayny covers genres of songs, plays, and large-form choirs. In his solo songs the influences of romantic western European music and Ukrainian folk songs affected the formation and approval of the composer’s style. Keywords: vocal music, chorus, solos, melodic-intonation means, harmony, rhythm.

On the Artifactual—and Natural— Character of Legal Institutions

2018 ◽  
Author(s):  
Corrado Roversi
Keyword(s):  
Natural Law ◽  
Common Ground ◽  
Legal Positivism ◽  
Legal Institutions ◽  
Human Beings ◽  
Legal Realism ◽  
Natural Law Theory ◽  
The Law ◽  
Theory Of Law

Are legal institutions artifacts? If artifacts are conceived as entities whose existence depends on human beings, then yes, legal institutions are, of course, artifacts. But an artifact theory of law makes a stronger claim, namely, that there is actually an explanatory gain to be had by investigating legal institutions as artifacts, or through the features of ordinary artifacts. This is the proposition explored in this chapter: that while this understanding of legal institutions makes it possible to find common ground between legal positivism and legal realism, it does not capture all of the insights offered by these two traditions. An artifact theory of law can therefore be necessary in explaining the law, but it will not suffice to that end. This chapter also posits that legal artifacts bear a relevant connection to certain conceptions of nature, thus vindicating one of the original insights behind natural law theory.

Dieter Grimm

2020 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
Constitutional Law ◽  
The United States ◽  
Public Intellectual ◽  
Law School ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
European Democracy ◽  
Humboldt University ◽  
Post War ◽  
Constitutional Adjudication

Dieter Grimm is one of Germany’s foremost scholars of constitutional law and theory with a high international reputation and an exceptional career. He teaches constitutional law at Humboldt University Berlin and did so simultaneously at the Yale Law School until 2017. He was one of the most influential justices of the German Constitutional Court where he served from 1987 to 1999 and left his marks on the jurisprudence of the Court, especially in the field of fundamental rights. He directed one of the finest academic institutions worldwide, the Wissenschaftskolleg zu Berlin (Institute for Advanced Study). He is also well known as a public intellectual who speaks up in questions of German politics and European integration. This book contains a conversation that three scholars of constitutional law led with Dieter Grimm on his background, his childhood under the Nazi regime and in destroyed post-war Germany, his education in Germany, France, and the United States, his academic achievement, the main subjects of his research, his experience as a member of a leading constitutional court, especially in the time of seminal changes in the world after the fall of the Berlin Wall, and his views on actual challenges for law and society. The book is an invaluable source of information on an outstanding career and the functioning of constitutional adjudication, which one would not find in legal textbooks or treatises. Oxford University Press previously published his books on Constitutionalism. Past, Present, and Future (2016) and The Constitution of European Democracy (2017).

International Agreements and U.S. Foreign Relations Law

2019 ◽  
pp. 155-171
Author(s):  
Jean Galbraith
Keyword(s):  
United States ◽  
Foreign Relations ◽  
Constitutional Law ◽  
Comparative Law ◽  
The United States ◽  
International Agreements ◽  
Constitutional History ◽  
Administrative Reforms ◽  
Administrative Efficiency ◽  
International Commitments

Over its constitutional history, the United States has developed multiple ways of joining, implementing, and terminating treaties and other international commitments. This chapter provides an overview of the law governing these pathways and considers the extent to which comparative law has influenced them or could do so in the future. Focusing in particular on the making of international commitments, the chapter describes how, over time, the United States came to develop alternatives to the process set out in the U.S. Constitution’s Treaty Clause, which requires the approval of two-thirds of the Senate. These alternatives arose partly from reasons of administrative efficiency and partly from presidential interest in making important international commitments in situations where two-thirds of the Senate would be unobtainable. These alternatives have had the effect of considerably increasing the president’s constitutional power to make international commitments. Nonetheless, considerable constraints remain on presidential power in this context, with some of these constraints stemming from constitutional law and others from statutory, administrative, and international law. With respect to comparative law, the chapter observes that U.S. practice historically has been largely but not entirely self-contained. Looking ahead, comparative practice is unlikely to affect U.S. constitutional law with respect to international agreements, but it might hold insights for legislative or administrative reforms.

Foreign Relations Law

2019 ◽  
pp. 43-61
Author(s):  
Karen Knop
Keyword(s):  
United States ◽  
International Law ◽  
Foreign Relations ◽  
Comparative Law ◽  
The United States ◽  
Legal Systems ◽  
The U.S

The two starting points for this chapter are that fields of law are inventions, and that fields matter as analytical frames. All legal systems deal with foreign relations issues, but few have a field of “foreign relations law.” As the best-stocked cabinet of issues and ideas, U.S. foreign relations law would be likely to generate the field elsewhere in the process of comparison. But some scholars, particularly outside the United States, see the nationalist or sovereigntist strains of the U.S. field, and perhaps even just its use as a template, as demoting international law. The chapter begins by asking whether this apprehension can be alleviated by using international law or an existing comparative law field to inventory the foreign relations issues to be compared. Finding neither sufficient, it turns to the U.S. field as an initial frame and sketches three types of anxieties that the U.S. experience has raised or might raise for international law. The chapter concludes by suggesting how Campbell McLachlan’s allocative conception of foreign relations law might be adapted so as to turn such anxieties about international law into opportunities.

Latin America and the League of Nations

1926 ◽  
Vol 20 (1) ◽  
pp. 14-30
Author(s):  
Percy Alvin Martin
Keyword(s):  
Latin America ◽  
International Relations ◽  
Latin American ◽  
The United States ◽  
League Of Nations ◽  
World War ◽  
The Past ◽  
Treaty Of Versailles ◽  
Post War ◽  
International Status

To students of international relations it has become almost a commonplace that among the most significant and permanent results of the World War has been the changed international status of the republics of Latin America. As a result of the war and post-war developments in these states, the traditional New World isolation in South America, as well as in North America, is a thing of the past. To our leading sister republics is no longer applicable the half-contemptuous phrase, current in the far-off days before 1914, that Latin America stands on the margin of international life. The new place in the comity of nations won by a number of these states is evidenced—to take one of the most obvious examples—by the raising of the legations of certain non-American powers to the rank of embassies, either during or immediately after the war. In the case of Brazil, for instance, where prior to 1914 only the United States maintained an ambassador, at the present time Great Britain, France, Italy, Belgium, Portugal, and Japan maintain diplomatic representatives of this rank.Yet all things considered one of the most fruitful developments in the domain of international relations has been the share taken by our southern neighbors in the work of the League of Nations. All of the Latin American republics which severed relations with Germany or declared war against that country were entitled to participate in the Peace Conference. As a consequence, eleven of these states affixed their signatures to the Treaty of Versailles, an action subsequently ratified in all cases except Ecuador.

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