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Author: Richard S. Kay
Publisher: CUA Press
ISBN: 0813226872
Category : History
Languages : en
Pages : 320
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Book Description
The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.
Author: Richard S. Kay
Publisher: CUA Press
ISBN: 0813226872
Category : History
Languages : en
Pages : 320
Get Book Here
Book Description
The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.
Author: Paul Lay
Publisher: Bloomsbury Publishing
ISBN: 178185257X
Category : History
Languages : en
Pages : 336
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Book Description
'A compelling and wry narrative of one of the most intellectually thrilling eras of British history' Guardian. ***************** SHORTLISTED FOR THE CUNDILL HISTORY PRIZE 2020 England, 1651. Oliver Cromwell has defeated his royalist opponents in two civil wars, executed the Stuart king Charles I, laid waste to Ireland, and crushed the late king's son and his Scottish allies. He is master of Britain and Ireland. But Parliament, divided between moderates, republicans and Puritans of uncompromisingly millenarian hue, is faction-ridden and disputatious. By the end of 1653, Cromwell has become 'Lord Protector'. Seeking dragons for an elect Protestant nation to slay, he launches an ambitious 'Western Design' against Spain's empire in the New World. When an amphibious assault on the Caribbean island of Hispaniola in 1655 proves a disaster, a shaken Cromwell is convinced that God is punishing England for its sinfulness. But the imposition of the rule of the Major-Generals – bureaucrats with a penchant for closing alehouses – backfires spectacularly. Sectarianism and fundamentalism run riot. Radicals and royalists join together in conspiracy. The only way out seems to be a return to a Parliament presided over by a king. But will Cromwell accept the crown? Paul Lay narrates in entertaining but always rigorous fashion the story of England's first and only experiment with republican government: he brings the febrile world of Oliver Cromwell's Protectorate to life, providing vivid portraits of the extraordinary individuals who inhabited it and capturing its dissonant cacophony of political and religious voices. ***************** Reviews: 'Briskly paced and elegantly written, Providence Lost provides us with a first-class ticket to this Cromwellian world of achievement, paradox and contradiction. Few guides take us so directly, or so sympathetically, into the imaginative worlds of that tumultuous decade' John Adamson, The Times. 'Providence Lost is a learned, lucid, wry and compelling narrative of the 1650s as well as a sensitive portrayal of a man unravelled by providence' Jessie Childs, Guardian.
Author: American Bar Association
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 168
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Book Description
Author: Edward Vallance
Publisher: Hachette UK
ISBN: 1405527765
Category : History
Languages : en
Pages : 360
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Book Description
In 1688, a group of leading politicians invited the Dutch prince William of Orange over to England to challenge the rule of the catholic James II. When James's army deserted him he fled to France, leaving the throne open to William and Mary. During the following year a series of bills were passed which many believe marked the triumph of constitutional monarchy as a system of government. In this radical new interpretation of the Glorious Revolution, Edward Vallance challenges the view that it was a bloodless coup in the name of progress and wonders whether in fact it created as many problems as it addressed. Certainly in Scotland and Ireland the Revolution was characterised by warfare and massacre. Beautifully written, full of lively pen portraits of contemporary characters and evocative of the increasing climate of fear at the threat of popery, this new book fills a gap in the popular history market and sets to elevate Edward Vallance to the highest league of popular historians.
Author: Jeffrey Denys Goldsworthy
Publisher:
ISBN:
Category :
Languages : en
Pages : 336
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Book Description
Author: Nimer Sultany
Publisher: Oxford University Press
ISBN: 0198768893
Category : History
Languages : en
Pages : 417
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Book Description
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
Author: Ann Lyon
Publisher: Cavendish Publishing
ISBN: 1843145049
Category : Law
Languages : en
Pages : 521
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Book Description
First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Author: John P. Reid
Publisher: Penn State Press
ISBN: 027103825X
Category : Law
Languages : en
Pages : 237
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Book Description
The minimum of violence accompanying the success of the American Revolution resulted in large part, argues this book, from the conditions of law the British allowed in the American colonies. By contrast, Ireland's struggle for independence was prolonged, bloody, and bitter largely because of the repressive conditions of law imposed by Britain. Examining the most rebellious American colony, Massachusetts Bay, Professor Reid finds that law was locally controlled while imperial law was almost nonexistent as an influence on the daily lives of individuals. In Ireland the same English common law, because of imperial control of legal machinery, produced an opposite result. The Irish were forced to resort to secret, underground violence. The author examines various Massachusetts Bay institutions to show the consequences of whig party control, in contrast to the situation in 18th-century Ireland. A general conclusion is that law, the conditions of positive law, and the matter of who controls the law may have more significant effects on the course of events than is generally assumed.
Author: George Lawson
Publisher: Cambridge University Press
ISBN: 1108482686
Category : History
Languages : en
Pages : 301
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Book Description
A comprehensive account of how revolutions begin, unfold and end, featuring a wide range of cases from across modern world history. Drawing on international relations, sociology, and global history, Lawson outlines the benefits of a 'global historical sociology' of revolutionary change, in which international processes take centre stage.
Author: Gary Jeffrey Jacobsohn
Publisher: Yale University Press
ISBN: 0300252889
Category : Political Science
Languages : en
Pages : 382
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Book Description
Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.
