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Author: Alexander S. Rosenthal
Publisher: Lexington Books
ISBN: 9780739124147
Category : History
Languages : en
Pages : 362
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Book Description
Crown under Law is an account of how and why the constitutional idea arose in early modern England. The book focuses on two figures: Richard Hooker and John Locke. Alexander S. Rosenthal characterizes Hooker as a transitional figure who follows the medieval natural law tradition even while laying the groundwork for Locke's political thought. The book challenges the influential interpretation of Locke by Leo Strauss (who saw Locke as a radical modernist) by illustrating the lines of continuity between Locke's argument in Two Treatises of Government and the earlier political tradition represented by Hooker. In the course of this intellectual history, Rosenthal explores the perennial themes of political philosophy: what is the origin of political authority, and what conditions render it legitimate? What is the nature of consent and representation? Who holds sovereignty within the state? What laws, if any, ought to bind the exercise of rule? By illustrating the often distinctive manner in which Hooker addresses the great questions, and how he powerfully affects later developments such as Locke's conception of the state, Rosenthal's Crown under Law establishes the important place of Richard Hooker in the history of political thought. Book jacket.
Author: Alexander S. Rosenthal
Publisher: Lexington Books
ISBN: 9780739124147
Category : History
Languages : en
Pages : 362
Get Book Here
Book Description
Crown under Law is an account of how and why the constitutional idea arose in early modern England. The book focuses on two figures: Richard Hooker and John Locke. Alexander S. Rosenthal characterizes Hooker as a transitional figure who follows the medieval natural law tradition even while laying the groundwork for Locke's political thought. The book challenges the influential interpretation of Locke by Leo Strauss (who saw Locke as a radical modernist) by illustrating the lines of continuity between Locke's argument in Two Treatises of Government and the earlier political tradition represented by Hooker. In the course of this intellectual history, Rosenthal explores the perennial themes of political philosophy: what is the origin of political authority, and what conditions render it legitimate? What is the nature of consent and representation? Who holds sovereignty within the state? What laws, if any, ought to bind the exercise of rule? By illustrating the often distinctive manner in which Hooker addresses the great questions, and how he powerfully affects later developments such as Locke's conception of the state, Rosenthal's Crown under Law establishes the important place of Richard Hooker in the history of political thought. Book jacket.
Author: David C. Flatto
Publisher: Harvard University Press
ISBN: 0674249585
Category : Law
Languages : en
Pages : 380
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Book Description
A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers. The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born. During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance. The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.
Author: William Hawkins
Publisher:
ISBN:
Category : Pleas of the crown
Languages : en
Pages : 770
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Book Description
Author: Joseph Chitty
Publisher:
ISBN:
Category : Prerogative, Royal
Languages : en
Pages : 528
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Book Description
Author: Matthew Hale
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 784
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Book Description
Author: Rodney Brazier
Publisher: Clarendon Press
ISBN: 9780198259886
Category : Business & Economics
Languages : en
Pages : 426
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Book Description
Ministers of the Crown provides a detailed and concise description of the legal and political position of Ministers, and of their work within the contemporary British governmental system. It covers the daily work of Ministers in their departments and collectively in government; their benefits and pay; as well as how politicians prepare themselves for office and the legal and other qualifications which are required for appointment. Detailed coverage is given to Ministers as legislators, how Ministers are required to exercise their legal powers, and the position of Ministers as plaintiffs and defendants. Finally, the loss of office, and its consequences, is considered.
Author: Matthew Hale
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 308
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Book Description
Author: A.V. Dicey
Publisher: Springer
ISBN: 134917968X
Category : Social Science
Languages : en
Pages : 729
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Book Description
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author: Thomas W. Barton
Publisher: Penn State Press
ISBN: 027106627X
Category : History
Languages : en
Pages : 267
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Book Description
In Contested Treasure, Thomas Barton examines how the Jews in the Crown of Aragon in the twelfth through fourteenth centuries negotiated the overlapping jurisdictions and power relations of local lords and the crown. The thirteenth century was a formative period for the growth of royal bureaucracy and the development of the crown’s legal claims regarding the Jews. While many Jews were under direct royal authority, significant numbers of Jews also lived under nonroyal and seigniorial jurisdiction. Barton argues that royal authority over the Jews (as well as Muslims) was far more modest and contingent on local factors than is usually recognized. Diverse case studies reveal that the monarchy’s Jewish policy emerged slowly, faced considerable resistance, and witnessed limited application within numerous localities under nonroyal control, thus allowing for more highly differentiated local modes of Jewish administration and coexistence. Contested Treasure refines and complicates our portrait of interfaith relations and the limits of royal authority in medieval Spain, and it presents a new approach to the study of ethnoreligious relations and administrative history in medieval European society.
Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775505
Category : Constitutional history
Languages : en
Pages : 172
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Book Description
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
