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Author: Marie Seong-Hak Kim
Publisher: Oxford University Press
ISBN: 0192660233
Category : History
Languages : en
Pages : 445
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Book Description
Ancien régime France did not have a unified law. Legal relations of the people were governed by a disorganized amalgam of norms, including provincial and local customs (coutumes), elements of Roman law and canon law, royal edicts and ordinances, and judicial decisions. All these sources of law coexisted with little apparent internal coherence. The multiplicity of laws and the fragmentation of jurisdiction were defining features of the monarchical era. Legal historians have focused on popular custom and its metamorphosis into customary law, which covered a broad spectrum of what we call today private law. This book sets forth the evolution of law in late medieval and early modern France, from the thirteenth through the end of the eighteenth century, with particular emphasis on the royal campaigns to record and reform customs in the sixteenth century. The codification of customs in the name of the king solidified the legislative authority of the crown, which was an essential element of the absolute monarchy. The achievements of legal humanism brought custom and Roman law together to lay the foundation for a unified French law. The Civil Code of 1804 was the culmination of these centuries of work. Juristic, political, and constitutional approaches to the early modern state allow an understanding of French history in a continuum.
Author: Marie Seong-Hak Kim
Publisher: Oxford University Press
ISBN: 0192660233
Category : History
Languages : en
Pages : 445
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Book Description
Ancien régime France did not have a unified law. Legal relations of the people were governed by a disorganized amalgam of norms, including provincial and local customs (coutumes), elements of Roman law and canon law, royal edicts and ordinances, and judicial decisions. All these sources of law coexisted with little apparent internal coherence. The multiplicity of laws and the fragmentation of jurisdiction were defining features of the monarchical era. Legal historians have focused on popular custom and its metamorphosis into customary law, which covered a broad spectrum of what we call today private law. This book sets forth the evolution of law in late medieval and early modern France, from the thirteenth through the end of the eighteenth century, with particular emphasis on the royal campaigns to record and reform customs in the sixteenth century. The codification of customs in the name of the king solidified the legislative authority of the crown, which was an essential element of the absolute monarchy. The achievements of legal humanism brought custom and Roman law together to lay the foundation for a unified French law. The Civil Code of 1804 was the culmination of these centuries of work. Juristic, political, and constitutional approaches to the early modern state allow an understanding of French history in a continuum.
Author: Robert Hazell
Publisher: Bloomsbury Publishing
ISBN: 1509931031
Category : Law
Languages : en
Pages : 327
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Book Description
How much power does a monarch really have? How much autonomy do they enjoy? Who regulates the size of the royal family, their finances, the rules of succession? These are some of the questions considered in this edited collection on the monarchies of Europe. The book is written by experts from Belgium, Denmark, Luxembourg, the Netherlands, Norway, Spain, Sweden and the UK. It considers the constitutional and political role of monarchy, its powers and functions, how it is defined and regulated, the laws of succession and royal finances, relations with the media, the popularity of the monarchy and why it endures. No new political theory on this topic has been developed since Bagehot wrote about the monarchy in The English Constitution (1867). The same is true of the other European monarchies. 150 years on, with their formal powers greatly reduced, how has this ancient, hereditary institution managed to survive and what is a modern monarch's role? What theory can be derived about the role of monarchy in advanced democracies, and what lessons can the different European monarchies learn from each other? The public look to the monarchy to represent continuity, stability and tradition, but also want it to be modern, to reflect modern values and be a focus for national identity. The whole institution is shot through with contradictions, myths and misunderstandings. This book should lead to a more realistic debate about our expectations of the monarchy, its role and its future. The contributors are leading experts from all over Europe: Rudy Andeweg, Ian Bradley, Paul Bovend'Eert, Axel Calissendorff, Frank Cranmer, Robert Hazell, Olivia Hepsworth, Luc Heuschling, Helle Krunke, Bob Morris, Roger Mortimore, Lennart Nilsson, Philip Murphy, Quentin Pironnet, Bart van Poelgeest, Frank Prochaska, Charles Powell, Jean Seaton, Eivind Smith.
Author: Glenn Burgess
Publisher: Yale University Press
ISBN: 9780300065329
Category : History
Languages : en
Pages : 252
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Book Description
The long-accepted standard view is that the gradual polarization of Court and Parliament during the reigns of James I and Charles I reflected the split between absolutists (who upheld the divine right of the monarchy to rule) and constitutionalists (who resisted tyranny by insisting the monarch was subject to law) and resulted inevitably in civil war.
Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 1139536346
Category : History
Languages : en
Pages : 365
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Book Description
This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.
Author: Seong-Hak Kim
Publisher:
ISBN: 9780192660220
Category : Customary law
Languages : en
Pages :
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Book Description
Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.
Author: Eric Nelson
Publisher: Harvard University Press
ISBN: 0674744632
Category : History
Languages : en
Pages : 401
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Book Description
Winner of the Society of the Cincinnati History Prize, Society of the Cincinnati in the State of New Jersey Finalist, George Washington Prize A Choice Outstanding Academic Title of 2015 Generations of students have been taught that the American Revolution was a revolt against royal tyranny. In this revisionist account, Eric Nelson argues that a great many of our “founding fathers” saw themselves as rebels against the British Parliament, not the Crown. The Royalist Revolution interprets the patriot campaign of the 1770s as an insurrection in favor of royal power—driven by the conviction that the Lords and Commons had usurped the just prerogatives of the monarch. “The Royalist Revolution is a thought-provoking book, and Nelson is to be commended for reviving discussion of the complex ideology of the American Revolution. He reminds us that there was a spectrum of opinion even among the most ardent patriots and a deep British influence on the political institutions of the new country.” —Andrew O’Shaughnessy, Wall Street Journal “A scrupulous archaeology of American revolutionary thought.” —Thomas Meaney, The Nation “A powerful double-barrelled challenge to historiographical orthodoxy.” —Colin Kidd, London Review of Books “[A] brilliant and provocative analysis of the American Revolution.” —John Brewer, New York Review of Books
Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 110700697X
Category : History
Languages : en
Pages : 365
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Book Description
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.
Author: Richard Wortman
Publisher:
ISBN: 9781618112583
Category : History (General)
Languages : en
Pages : 0
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Book Description
This new volume from the author of Scenarios of Power explores the effect of the symbolic and mythical representations of the Russian imperial government on law, administrative practice, and concepts of national and imperial identities throughout centuries of monarchical rule. Richard Wortman demonstrates how the ideologies behind such representations shaped the thought patterns not only of the tsar and the imperial family but also of the Russian political and social elite. He characterizes the monarchy as an active agent in Russia's political experience, one whose dominant role was resisting change until the inevitable collapse facing all absolute monarchies.
Author: Vernon Bogdanor
Publisher: Oxford University Press
ISBN: 0198277695
Category : Political Science
Languages : en
Pages : 341
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Book Description
In the increasingly questioning world of the 1990s, the role of the monarchy in a democracy is again coming under scrutiny. Its critics argue that the monarchy is a profoundly conservative institution which serves to inhibit social change; that it has outlived its usefulness; that it symbolizes and reinforces deference and hierachy; and that its radical reform is therefore long overdue.Rejecting these arguments Vernon Bogdanor makes a powerful case for the positive role that monarchy plays in modern democratic politics. Ranging across law, politics, and history he argues that far from undermining democracy, the monarchy sustains and strengthens democratic institutions; that constitutional monarchy is a form of government that ensures not conservatism but legitimacy.The first serious examination of the political role of the monarchy to appear in many years, this book will make fascinating reading for all those interested in the monarchy and the future of British politics.
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.
