Author: James Muldoon
Publisher: Springer
ISBN: 3319664778
Category : History
Languages : en
Pages : 278
Get Book Here
Book Description
This book contributes to the increasing interest in John Adams and his political and legal thought by examining his work on the medieval British Empire. For Adams, the conflict with England was constitutional because there was no British Empire, only numerous territories including the American colonies not consolidated into a constitutional structure. Each had a unique relationship to the English. In two series of essays he rejected the Parliament’s claim to legislate for the internal governance of the American colonies. His Dissertation on the Canon and Feudal Law (1765) identified these claims with the Yoke, Norman tyranny over the defeated Saxons after 1066. Parliament was seeking to treat the colonists in similar fashion. The Novanglus essays (1774-75), traced the origin of the colonies, demonstrating that Parliament played no role in their establishment and so had no role in their internal governance without the colonists’ subsequent consent.
Author: John Witte, Jr.
Publisher: Cambridge University Press
ISBN: 1108678653
Category : Law
Languages : en
Pages : 333
Get Book Here
Book Description
Leading legal scholar John Witte, Jr. explores the role religion played in the development of rights in the Western legal tradition and traces the complex interplay between human rights and religious freedom norms in modern domestic and international law. He examines how US courts are moving towards greater religious freedom, while recent decisions of the pan-European courts in Strasbourg and Luxembourg have harmed new religious minorities and threatened old religious traditions in Europe. Witte argues that the robust promotion and protection of religious freedom is the best way to protect many other fundamental rights today, even though religious freedom and other fundamental rights sometimes clash and need judicious balancing. He also responds to various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights.
Author: Edward Cavanagh
Publisher: BRILL
ISBN: 9004431241
Category : Law
Languages : en
Pages : 633
Get Book Here
Book Description
Together, the chapters in Empire and Legal Thought make the case for seeing the history of international legal thought and empires against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes over thousands of years.
Author: Mark Somos
Publisher: Oxford University Press
ISBN: 0190462868
Category : History
Languages : en
Pages : 425
Get Book Here
Book Description
American States of Nature transforms our understanding of the American Revolution and the early makings of the Constitution. The journey to an independent United States generated important arguments about the existing condition of Americans, in which rival interpretations of the term "state of nature" played a crucial role. "State of nature" typically implied a pre-political condition and was often invoked in support of individual rights to property and self-defense and the right to exit or to form a political state. It could connote either a paradise, a baseline condition of virtue and health, or a hell on earth. This mutable phrase was well-known in Europe and its empires. In the British colonies, "state of nature" appeared thousands of times in juridical, theological, medical, political, economic, and other texts from 1630 to 1810. But by the 1760s, a distinctively American state-of-nature discourse started to emerge. It combined existing meanings and sidelined others in moments of intense contestation, such as the Stamp Act crisis of 1765-66 and the First Continental Congress of 1774. In laws, resolutions, petitions, sermons, broadsides, pamphlets, letters, and diaries, the American states of nature came to justify independence at least as much as colonial formulations of liberty, property, and individual rights did. In this groundbreaking book, Mark Somos focuses on the formative decade and a half just before the American Revolution. Somos' investigation begins with a 1761 speech by James Otis that John Adams described as "a dissertation on the state of nature," and celebrated as the real start of the Revolution. Drawing on an enormous range of both public and personal writings, many rarely or never before discussed, the book follows the development of America's state-of-nature discourse to 1775. The founding generation transformed this flexible concept into a powerful theme that shapes their legacy to this day. No constitutional history of the Revolution can be written without it.
Author: Richard B. Bernstein
Publisher: Oxford University Press, USA
ISBN: 0199740232
Category : Biography & Autobiography
Languages : en
Pages : 369
Get Book Here
Book Description
This book, a free-standing companion to Bernstein's 2003 biography Thomas Jefferson, responds to the public curiosity about Adams, his life, and his work for those intrigued by popular-culture portrayals of Adams in the Broadway musical 1776 and the HBO television miniseries John Adams. As with Bernstein's other work (e.g., The Founding Fathers: A Very Short Introduction), it is a clear, scholarly, concise, well-written, and well-researched account of Adams's life, career, and thought addressing anyone seeking to learn more about him.
Author: Jonathan Gienapp
Publisher: Harvard University Press
ISBN: 067498952X
Category : History
Languages : en
Pages : 465
Get Book Here
Book Description
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
Author: Lauren Benton
Publisher: Harvard University Press
ISBN: 0674972805
Category : Law
Languages : en
Pages : 296
Get Book Here
Book Description
International law burst on the scene as a new field in the late nineteenth century. Where did it come from? Rage for Order finds the origins of international law in empires—especially in the British Empire’s sprawling efforts to refashion the imperial constitution and use it to order the world in the early part of that century. “Rage for Order is a book of exceptional range and insight. Its successes are numerous. At a time when questions of law and legalism are attracting more and more attention from historians of 19th-century Britain and its empire, but still tend to be considered within very specific contexts, its sweep and ambition are particularly welcome...Rage for Order is a book that deserves to have major implications both for international legal history, and for the history of modern imperialism.” —Alex Middleton, Reviews in History “Rage for Order offers a fresh account of nineteenth-century global order that takes us beyond worn liberal and post-colonial narratives into a new and more adventurous terrain.” —Jens Bartelson, Australian Historical Studies
Author: Richard B. Bernstein
Publisher: Oxford University Press, USA
ISBN: 0190273518
Category : Biography & Autobiography
Languages : en
Pages : 184
Get Book Here
Book Description
This concise and elegant contribution to the Very Short Introduction series reintroduces the history that shaped the founding fathers, the history that they made, and what history has made of them. The book provides a context within which to explore the world of Washington, Franklin, Jefferson, Adams, and Hamilton, as well as their complex and still-controversial achievements and legacies.
Author: Sionaidh Douglas-Scott
Publisher: Cambridge University Press
ISBN: 1108898254
Category : Law
Languages : en
Pages : 535
Get Book Here
Book Description
Focussing on key concepts such as union, sovereignty, democracy and devolution, this book provides a critical analysis of Brexit and its broader context in the historical development of the British Constitution. It also features comparative case studies that will appeal to a global readership.
Author: C. Bradley Thompson
Publisher: University Press of Kansas
ISBN: 0700611819
Category : Political Science
Languages : en
Pages : 360
Get Book Here
Book Description
America's finest eighteenth-century student of political science, John Adams is also the least studied of the Revolution's key figures. By the time he became our second president, no American had written more about our government and not even Jefferson or Madison had read as widely about questions of human nature, natural right, political organization, and constitutional construction. Yet this staunch constitutionalist is perceived by many as having become reactionary in his later years and his ideas have been largely disregarded. In the first major work on Adams's political thought in over thirty years, C. Bradley Thompson takes issue with the notion that Adams's thought is irrelevant to the development of American ideas. Focusing on Adams's major writings, Thompson elucidates and reevaluates his political and constitutional thought by interpreting it within the tradition of political philosophy stretching from Plato to Montesquieu. This major revisionist study shows that the distinction Adams drew between "principles of liberty" and "principles of political architecture" is central to his entire political philosophy. Thompson first chronicles Adams's conceptualization of moral and political liberty during his confrontation with American Loyalists and British imperial officers over the true nature of justice and the British Constitution, illuminating Adams's two most important pre-Revolutionary essays, "A Dissertation on the Canon and Feudal Law" and "The Letters of Novanglus." He then presents Adams's debate with French philosophers over the best form of government and provides an extended analysis of his Defence of the Constitutions of Government and Discourses on Davila to demonstrate his theory of political architecture. From these pages emerges a new John Adams. In reexamining his political thought, Thompson reconstructs the contours and influences of Adams's mental universe, the ideas he challenged, the problems he considered central to constitution-making, and the methods of his reasoning. Skillfully blending history and political science, Thompson's work shows how the spirit of liberty animated Adams's life and reestablishes this forgotten Revolutionary as an independent and important thinker.
