Law and the Rise of Capitalism / Edition 2

Law and the Rise of Capitalism / Edition 2

by Michael Tigar
ISBN-10:
1583670300
ISBN-13:
9781583670309
Pub. Date:
06/01/2000
Publisher:
Monthly Review Press
ISBN-10:
1583670300
ISBN-13:
9781583670309
Pub. Date:
06/01/2000
Publisher:
Monthly Review Press
Law and the Rise of Capitalism / Edition 2

Law and the Rise of Capitalism / Edition 2

by Michael Tigar
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Overview

Against a backdrop of seven hundred years of bourgeois struggle, eminent lawyer and educator, Michael E. Tigar, develops a Marxist theory of law and jurisprudence based upon the Western experience. This well-researched and documented study traces the role of law and lawyers in the European bourgeoisies's conquest of power and in the process complements the analyses of such major figures as R.H. tawney and Max Weber. Using a wide frange of primary sources, Tigar demonstrates that the legal theory of insurgent bourgeoisie predated the Protestant Reformation and was a major ideological ingredient of the bourgeois revolution.


Product Details

ISBN-13: 9781583670309
Publisher: Monthly Review Press
Publication date: 06/01/2000
Edition description: 2nd ed.
Pages: 352
Product dimensions: 6.00(w) x 9.00(h) x 0.79(d)

About the Author

Micahel Tigar has worked for over fifty years with movements for social change as a human rights lawyer, law professor, and writer. He has taught at law schools in the United States, France, South Africa, and Japan, and is Emeritus Professor at Duke Law School and American UniversityWashington College of Law. He has authored or co-authored fourteen books, three plays, and scores of articles and essays. His book, Law and the Rise of Capitalism, first published by Monthly Review Press, has been translated into Spanish, Portuguese, Greek, Turkish, and Chinese.

Table of Contents

Acknowledgments7
Introduction to the Second Edition9
Part ILaw and the Capitalist Rise to Power: an Overview
1.The Merchant as Rebel19
2.The Backdrop of the New Legal Institutions23
Part IIThe Merchants Seek a Place in the Feudal Order (1000-1200)
3.Introduction61
4.The Crusades: Seizure of Trade Routes and Spread of Bourgeois Ideology65
5.Venice and Amalfi: Between East and West79
6.Some Origins of Urban Culture83
7.Transport by Land and Sea97
8.Popes and Merchants101
9.The Bourgeoisie in 1200109
Part IIIBourgeois Lawyers, Royal Power, and Urban Development (1200-1400)
10.Introduction115
11.Beaumanoir and Others: The Theoreticians of a New Order119
12.The Merchant Capital of Grasse155
13.Peasant Rebellion and Land Law165
Part IVThe Bourgeois Ascendancy (1400-1600)
14.Introduction171
15.Thomas More and the Destruction of the Medieval Vision175
16.Recasting the Law of Real Property183
17.Contract: A Study of Law and Social Reality195
Part VBourgeois Victory (1600-1804)
18.France: The Triumph of the Third Estate211
19.England: The Techniques of the Common Law231
Part VIInsurgency and Jurisprudence
20.The Development of Legal Ideology247
21.Leading Schools of Legal Thought257
22.The Jurisprudence of Insurgency273
Afterword
Legal Ideology Today291
Human Rights, the Nation-State, and International Law: From Grotius to Bentham295
U.S. Constitutionalism and its Anomolies305
Enforcing Human Rights Internationally: From Nuremberg to Pinochet312
The Jurisprucence of Insurgency Revisited319
AppendixForeword to the First Edition327
Bibliography331
Index341
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