Law and the Rise of Capitalism / Edition 2

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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.
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Editorial Reviews

Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. Annotation c. Book News, Inc., Portland, OR (
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Product Details

  • ISBN-13: 9781583670309
  • Publisher: Monthly Review Press
  • Publication date: 6/1/2000
  • Edition description: New
  • Edition number: 2
  • Pages: 352
  • Sales rank: 1,011,143
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.79 (d)

Meet the Author

MICHAEL E. TIGAR is Edwin A. Mooers Scholar and Professor of Law at Washington College of Law, American University. His individual clients have included Angela Davis, H. Rap Brown, the Seattle 7, the Chicago 8, Fernando Chavez, Rosalio Munoz, Major Debra Meeks, Allen Ginsberg, Terry Lynn Nichols and Francisco Martinez.

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Table of Contents

Acknowledgments 7
Introduction to the Second Edition 9
Part I Law and the Capitalist Rise to Power: an Overview
1. The Merchant as Rebel 19
2. The Backdrop of the New Legal Institutions 23
Part II The Merchants Seek a Place in the Feudal Order (1000-1200)
3. Introduction 61
4. The Crusades: Seizure of Trade Routes and Spread of Bourgeois Ideology 65
5. Venice and Amalfi: Between East and West 79
6. Some Origins of Urban Culture 83
7. Transport by Land and Sea 97
8. Popes and Merchants 101
9. The Bourgeoisie in 1200 109
Part III Bourgeois Lawyers, Royal Power, and Urban Development (1200-1400)
10. Introduction 115
11. Beaumanoir and Others: The Theoreticians of a New Order 119
12. The Merchant Capital of Grasse 155
13. Peasant Rebellion and Land Law 165
Part IV The Bourgeois Ascendancy (1400-1600)
14. Introduction 171
15. Thomas More and the Destruction of the Medieval Vision 175
16. Recasting the Law of Real Property 183
17. Contract: A Study of Law and Social Reality 195
Part V Bourgeois Victory (1600-1804)
18. France: The Triumph of the Third Estate 211
19. England: The Techniques of the Common Law 231
Part VI Insurgency and Jurisprudence
20. The Development of Legal Ideology 247
21. Leading Schools of Legal Thought 257
22. The Jurisprudence of Insurgency 273
Legal Ideology Today 291
Human Rights, the Nation-State, and International Law: From Grotius to Bentham 295
U.S. Constitutionalism and its Anomolies 305
Enforcing Human Rights Internationally: From Nuremberg to Pinochet 312
The Jurisprucence of Insurgency Revisited 319
Appendix Foreword to the First Edition 327
Bibliography 331
Index 341
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