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Author: Christopher W. Brooks
Publisher: Cambridge University Press
ISBN: 1139475290
Category : History
Languages : en
Pages : 469
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Book Description
Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.
Author: Christopher W. Brooks
Publisher: Cambridge University Press
ISBN: 1139475290
Category : History
Languages : en
Pages : 469
Get Book Here
Book Description
Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.
Author: Louis A. Knafla
Publisher: Cambridge University Press
ISBN: 9780521211918
Category : Biography & Autobiography
Languages : en
Pages : 392
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Book Description
This study is devoted chiefly to Ellesmere's career and writings as Lord Chancellor, 1603-1617. After an introduction to his life and career from 1541 to 1603, Part One is a study of his role in the legal and political history of Jacobean England. In order to place the analysis of law and politics in a broader context, topics discussed include economics, religion, social customs and thought, in addition to questions concerning the forms of action at common law, disputes between the courts, law and equity, and the political activities of Parliament, the Privy Council, and the Crown. Part Two consists of a critical edition of eight of Ellesmere's little known or unidentified tracts on the royal prerogative, Anglo-Scots Union, the Parliament of 1604-1610, the administration of government, law reform, the ecclesiastical courts, Coke's Law Reports and the Chancery-Common Law conflict.
Author: Michael C. Questier
Publisher: Cambridge University Press
ISBN: 9780521442145
Category : History
Languages : en
Pages : 270
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Book Description
A study of conversion and its implications during the English Reformation.
Author: James S. Hart JR
Publisher: Routledge
ISBN: 1317891864
Category : History
Languages : en
Pages : 328
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Book Description
This book measures contemporary attitudes to the law - within and outside of the legal profession – to see how c17th century Englishmen defined the role of law in their society, to see what their expectations were of the law and how these expectations helped shape political debate – and ultimately determined political decisions – over the course of a very turbulent century.
Author: David Chan Smith
Publisher: Cambridge University Press
ISBN: 1107069297
Category : History
Languages : en
Pages : 311
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Book Description
This study of Edward Coke's legal thought reinterprets the political and legal thought of early Stuart England.
Author: John D Ford
Publisher: Bloomsbury Publishing
ISBN: 1847313981
Category : Law
Languages : en
Pages : 662
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Book Description
In Britain at least, changes in the law are expected to be made by the enactment of statutes or the decision of cases by senior judges. Lawyers express opinions about the law but do not expect their opinions to form part of the law. It was not always so. This book explores the relationship between the opinions expressed by lawyers and the development of the law of Scotland in the century preceding the parliamentary union with England in 1707, when it was decided that the private law of Scotland was sufficiently distinctive and coherent to be worthy of preservation. Credit for this surprising decision, which has resulted in the survival of two separate legal systems in Britain, has often been given to the first Viscount Stair, whose Institutions of the Law of Scotland had appeared in a revised edition in 1693. The present book places Stair's treatise in historical context and asks whether it could have been his intention in writing to express the type of authoritative opinions that could have been used to consolidate the emerging law, and whether he could have been motivated in writing by a desire to clarify the relationship between the laws of Scotland and England. In doing so the book provides a fresh account of the literature and practice of Scots law in its formative period and at the same time sheds light on the background to the 1707 union. It will be of interest to legal historians and Scots lawyers, but it should also be accessible to lay readers who wish to know more about the law and legal history of Scotland
Author: Peter Charles Hoffer
Publisher: Univ of North Carolina Press
ISBN: 0807862061
Category : Law
Languages : en
Pages : 318
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Book Description
The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies. Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of "Balance of Equity" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.
Author: Glenn Burgess
Publisher: Bloomsbury Publishing
ISBN: 1349222631
Category : History
Languages : en
Pages : 301
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Book Description
The Politics of the Ancient Constitution is a close examination of the political ideas of common lawyers in early Stuart England, and includes important surveys of the ideas of Sir Edward Coke and John Selden. It provides an original interpretation of the lawyers' theory of the ancient constitution and on this basis it provides a novel interpretation of the basic structure of political thought and ideology in pre-Civil War England. In this way the book is able to make a substantial contribution to debates over the ideological origins of the English Revolution.
Author: C. Jordan
Publisher: Springer
ISBN: 0230626343
Category : History
Languages : en
Pages : 297
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Book Description
Leading scholars in the field analyze Shakespeare's plays to show how their dramatic content shapes issues debated in conflicts arising from the creation and application of law. Individual essays focus on such topics such as slander, revenge, and royal prerogative; these studies reveal the problems confronting early modern English men and women.
Author: Jeffrey Goldsworthy
Publisher: Cambridge University Press
ISBN: 1139491512
Category : Law
Languages : en
Pages :
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Book Description
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
