The Historical Method in Public Law

2018 ◽  
pp. 982-1000
Author(s):  
Martin Loughlin
Keyword(s):  
Sixteenth Century ◽  
Practical Knowledge ◽  
Central Element ◽  
Public Law ◽  
Modern Concept ◽  
Historical Method ◽  
Legal Thought ◽  
Modern Idea ◽  
Constituent Elements ◽  
Distinct Field

This chapter highlights the importance of the historical method in public law by showing the way that public law was established as a distinct field of knowledge in European jurisprudence. Since developments in French legal thought in the sixteenth century provided the catalyst for generating this modern concept of public law, this is the focus of the chapter. This approach exposes the constituent elements of public law and shows how the historical method becomes a central element of the modern practice of public law. It suggests that the modern idea of public law was created as a local, contextual, source-based practice in opposition to the universal metaphysics of medieval scholasticism. It was established by setting in place a conception of law as a body of practical knowledge that is historical in orientation and geared to the concerns of civil government.

Public Law as Political Jurisprudence

2018 ◽  
Author(s):  
Martin Loughlin
Keyword(s):  
Natural Law ◽  
Public Law ◽  
Modern Concept ◽  
Main Theme ◽  
Sovereign State ◽  
Positive Law ◽  
Modern Idea ◽  
The Subject ◽  
Type Of Exercise

The main theme of this chapter is to suggest that the nature of public law is best explained by examining the conditions of its formation. This type of exercise reveals that public law is a modern concept which is formed by reworking the medieval idea of natural law in the context of the emergence of the modern idea of the sovereign state. In this chapter, the nature of the subject is explored through analysis of the writings of Bodin, Pufendorf, and Rousseau. The objective is to show not only that public law is a broader concept than positive law but that it also has an ambiguous character. These ambiguities permeate modern public law thought and leave it with a polarized consciousness.

Explaining the Decline in Special Education Teacher Employment From 2005 to 2012

2017 ◽  
Vol 83 (3) ◽  
pp. 315-329 ◽  
Author(s):  
Jim Dewey ◽  
Paul T. Sindelar ◽  
Elizabeth Bettini ◽  
Erling E. Boe ◽  
Michael S. Rosenberg ◽  
...  
Keyword(s):  
Special Education ◽  
General Education ◽  
Special Education Teachers ◽  
Public Law ◽  
General Educators ◽  
Special Education Teacher ◽  
Teacher Preparation Programs ◽  
Preparation Programs ◽  
Disability Prevalence ◽  
Constituent Elements

Demand for special education teachers grew continuously from the passage of Public Law 94-142 in 1975 through 2005, when this trend reversed. From 2005 to 2012, the number of special education teachers employed by U.S. schools declined by >17%. The primary purpose of this investigation was to determine factors that contributed to this decline. We parsed change in number of special education teachers employed into four constituent elements and found that these recent reductions were fueled by decreases in disability prevalence and the relative ratio of teachers to students in special versus general education, which favored the latter. These changes have important implications for teacher preparation programs’ efforts to adequately prepare special and general educators and for policies designed to improve teacher quality.

4. Public Law

2019 ◽  
pp. 94-127
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
Decision Making ◽  
Constitutional Law ◽  
Environmental Law ◽  
Administrative Law ◽  
Public Law ◽  
Decision Makers ◽  
Aarhus Convention ◽  
Constituent Elements ◽  
Public Decision

This chapter explains the important role that public law, particularly administrative law, plays in environmental law. This role comes about because much of environmental law requires vesting decision-making and regulatory power in the hands of public decision-makers at all levels of government. This chapter begins by providing an overview of the different constituent elements of public law: constitutional law, administrative law, the role of the EU and international law, as well the complexities of this area of law. The chapter then moves on to consider the way in which the different types of interests involved in environmental problems and the need for information and expertise provide challenges for public law. The chapter then provides an overview of four major features of public law that are particularly relevant to environmental lawyers: the Aarhus Convention, accountability mechanisms, judicial review, and human rights.

Biblical Exegesis and Early Modern Legal History in Calvin’s Mosaic Harmony

2020 ◽  
pp. 165-195
Author(s):  
Barbara Pitkin
Keyword(s):  
Sixteenth Century ◽  
Early Modern ◽  
Legal History ◽  
Biblical Interpretation ◽  
Biblical Exegesis ◽  
Historical Method ◽  
The Bible ◽  
Recent Scholarship ◽  
The Relationship

The chapter examines John Calvin’s commentary on Exodus through Deuteronomy (1563) through the lens of sixteenth-century historical jurisprudence, exemplified in the works of Calvin’s contemporaries François de Connan and François Baudouin. Recent scholarship has demonstrated how Calvin’s historicizing exegesis is in continuity with broader contemporary trends in premodern Christian biblical interpretation; this chapter explores another essential context for Calvin’s approach to the Bible. The intermingling of narrative and legal material in these four biblical books inspired Calvin to break with his customary practice of lectio continua and apply his historical hermeneutic more broadly and creatively to explain the Mosaic histories and legislation. Calvin’s unusual and unprecedented arrangement of the material in this commentary and his attention to the relationship between law and history reveal his engagement with his generation’s quest for historical method.

Turkey's entry into the Concert of Europe

2005 ◽  
Vol 13 (3) ◽  
pp. 395-417 ◽  
Author(s):  
FIKRET ADANIR
Keyword(s):  
Sixteenth Century ◽  
Balance Of Power ◽  
Public Law ◽  
Muslim Country ◽  
The European Union ◽  
New Concepts ◽  
European Public ◽  
Norms And Values ◽  
History Of ◽  
Concert Of Europe

From the start, Turkey's aspirations to join the European Union aroused considerable opposition. Recently, the debate has focused increasingly on supposed disparities in the spheres of culture, politics or mentality, implying that this Muslim country would not be able to comply with European norms and values. Supporters of Turkey's candidacy, on the other hand, have pointed out that Turkey has always been an important element of the European balance of power and was, in the nineteenth century, even a member of the Concert of Europe. Both sides invoke history to justify their arguments. The present paper examines the evolution of the European state system and the major stages in the history of the Turkish–European relationship, with a view to arriving at a more balanced judgement. It can be shown that new concepts, such as state interest and balance of power, had already begun in the sixteenth century to undermine the old theological worldview and, beginning with the eighteenth century, the Ottoman Empire was treated – at least de facto – as an actor that observed fully the norms of European public law (jus publicum Europeum). However, a de jure recognition of the Empire's status had to wait until the Treaty of Paris (1856), but even then it did not include an effective guarantee of Ottoman territorial integrity.

Jean Bodin on International Law

2017 ◽  
Author(s):  
Merio Scattola
Keyword(s):  
Sixteenth Century ◽  
International Law ◽  
Public Law ◽  
Legal Knowledge ◽  
The Public ◽  
Political Experience ◽  
Jean Bodin ◽  
Law Of Nations

This chapter argues that a reading of Jean Bodin offers important issues for the understanding of international law because he explicitly tried to develop, albeit briefly, a new branch of legal knowledge that had not existed before his time. This discipline had to comprise and to explain all rules that regulated the ‘public’ intercourse among commonwealths or ‘nations’. In this sense, and in the language of the sixteenth century, Bodin worked on the foundation of a ‘public law of nations’. He conceived the sphere of the relationships among commonwealths with the traditional conceptual means of iustum bellum and of fides, and this whole domain of legal and political experience was set under the principle of faith and loyalty. This tells us that the sovereignty proposed by Jean Bodin is less absolute than we would imagine at first sight.

Studies in Medieval Legal Thought: Public Law and the State, 1100-1322

1966 ◽  
Vol 75 (6) ◽  
pp. 1064
Author(s):  
Ralph E. Giesey ◽  
Gaines Post
Keyword(s):  
Public Law ◽  
The State ◽  
Legal Thought

Braudel's Geohistory–a Reconsideration

1951 ◽  
Vol 11 (3) ◽  
pp. 277-282 ◽  
Author(s):  
Bernard Bailyn
Keyword(s):  
Sixteenth Century ◽  
Early Modern ◽  
Modern History ◽  
Early Modern History ◽  
True Nature ◽  
Historical Method ◽  
The World ◽  
New Time

Since its publication in 1949 Fernand Braudel's La Méditerranée et le monde méditerranéen à l'époque de Philippe II has been received as a major addition to the literature of early modern history. In France, the excitement over this eleven-hundred-page work has centered on what would appear to be its revolutionary innovations in historical method. Lucien Febvre, for example, in an article in the Revue historique, after describing the book as more than a “perfect work of an historian with a profound grasp of his métier” and even more than a “professional masterpiece,” declared that the book introduces a revolution in the mode of conceiving history. “It marks,” said Febvre, “the dawn of a new time, of that I am certain.” His article concluded with this charge to youth: “Read, re-read, and meditate on this excellent book. … Make it your companion. What you will learn of things, new to you, about the world of the sixteenth century is incalculable. But what you will learn simply about man, about his history and about history itself, its true nature, its methods and its purposes—you cannot imagine in advance.” Braudel himself devoted an article in the Revue économique to elaborating the method used in his book and presented it to economic historians for their consideration.

Localizing Legitimation: Bargaining Through the Law in a Provincial Court

2001 ◽  
Vol 24 ◽  
pp. 17-49
Author(s):  
Leslie P. Peirce
Keyword(s):  
Sixteenth Century ◽  
Ottoman Empire ◽  
Capital City ◽  
Local Society ◽  
Local Resources ◽  
Grassroots Level ◽  
Civil Discourse ◽  
Level I ◽  
Constituent Elements ◽  
Reciprocal Process

Processes of legitimation in the Ottoman Empire are usually approached from the center-from the perspective of the dynasty, the entity assumed to be seeking legitimacy. This essay approaches the question of law and legitimacy in the Ottoman polity from a provincial vantage point, the province of Aintab, which took its name from its capital city (today's Gaziantep). It also examines the question of legitimation at a particular moment, from September 1540 to September 1541, the period encompassed by the first two extant registers of the court of Aintab available to researchers. In this microstudy of the events of a single year, I treat mid-sixteenth-century Aintab as a laboratory for examining the extent to which legal discourse furthered the process of legitimation, and the ways in which the two were related at the grassroots level. I argue that law broadly construed was a field of negotiation through which the constituent elements of legitimacy were debated and defined. This negotiation was a reciprocal process in which both province and dynasty aimed to establish legitimacy in each other's eyes-that is, they aimed to establish rightful claims over the control of local society and local resources. As the principal site of this process at the grassroots level, the local court provided a venue where this contest for control was articulated in what might be called a civil discourse of legitimation.

Two Notes on Nationalism in the Middle Ages

Traditio ◽  
1953 ◽  
Vol 9 ◽  
pp. 281-320 ◽  
Author(s):  
Gaines Post
Keyword(s):  
Middle Ages ◽  
Political Thought ◽  
Public Law ◽  
The State ◽  
Legal Thought ◽  
The Subject ◽  
Excellent Article ◽  
The Middle Ages

In an excellent article, ‘Pro patria mori in Medieval Political Thought,’ Ernst H. Kantorowicz has recently called attention to the importance of the concept of patria in the rise of the national monarchy and state in the later Middle Ages. No correction is needed, nor, perhaps, any addition. But since he modestly admits that he did not mean to exhaust the subject and does not examine the two laws, and since I had begun to note occasional remarks in the canonists and legists about the patria in association with theories of public law and the state, I wish to add some illustrations of the legal thought on the subject in the twelfth to fourteenth centuries. These illustrations will supplement, moreover, the essay by Halvdan Koht on nationalism in the Middle Ages.

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