Bøger af David J. (Emory University Bederman

Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Is custom a source of law that we should embrace in modern legal systems, or is the notion of law from below outdated? This volume offers a fresh perspective on custom's enduring place in both domestic and international law.

The framers of the American Constitution were substantially influenced by ancient history and classical political theory, as exemplified by their education, the availability of classical readings, and their inculcation in classical republican values. This volume explores how the framing generation deployed classical learning to develop many of the essential structural aspects of the Constitution: federalism, separation of powers, a bicameral legislature, independent courts, and the war and foreign relations powers. Also examined are very contemporary constitutional debates, for which there were classical inspirations, including sovereign immunity, executive privilege, line-item vetoes, and the electoral college. Combining techniques of intellectual history, classical studies, and constitutional interpretation, this book makes a unique contribution to our understanding of contemporary constitutionalism.

This 2001 study of the origins of international law contains topical literature and archaeological evidence. David J. Bederman examines three critical areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in the Near East (2800-700 BCE), the Greek city-states (500-338 BCE) and Rome (358-168 BCE).