The Popular Movement for Law Reform, 1640-1660 PDF Download
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Author: Donald Veall
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
Author: Donald Veall
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
Get Book Here
Book Description
Author: Barbara J Shapiro
Publisher: Bloomsbury Publishing
ISBN: 1509934227
Category : Law
Languages : en
Pages : 488
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Book Description
This book provides an illuminating commentary of law reform in the early modern era (1500–1740) and views the moves to improve law and legal institutions in the context of changing political and governmental environments. Taking a fresh look at law reform over several centuries, it explores the efforts of the king and parliament, and the body of literature supporting law reform that emerged with the growth of print media, to assess the place of the well-known attempts of the revolutionary era in the context of earlier and later movements. Law reform is seen as a long term concern and a longer time frame is essential to understand the 1640–1660 reform measures. The book considers two law reform movements: the moderate movement which had a lengthy history and whose chief supporters were the governmental and parliamentary elites, and which focused on improving existing law and legal institutions, and the radical reform movement, which was concentrated in the revolutionary decades and which sought to overthrow the common law, the legal profession and the existing system of courts. Informed by attention to the institutional difficulties in completing legislation, this highlights the need to examine particular parliaments. Although lawyers have often been seen as the chief obstacles to law reform, this book emphasises their contributions – particularly their role in legislation and in reforming the corpus of legal materials – and highlights the previously ignored reform efforts of Lord Chancellors.
Author: James S. Hart JR
Publisher: Routledge
ISBN: 1317891856
Category : History
Languages : en
Pages : 337
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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: Virginia Lee Strain
Publisher: Edinburgh University Press
ISBN: 1474416306
Category : Law
Languages : en
Pages : 240
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Book Description
The first study of legal reform and literature in early modern EnglandThis book investigates rhetorical and representational practices that were used to monitor English law at the turn of the seventeenth century. The late-Elizabethan and early-Jacobean surge in the policies and enforcement of the reformation of manners has been well-documented. What has gone unnoticed, however, is the degree to which the law itself was the focus of reform for legislators, the judiciary, preachers, and writers alike. While the majority of law and literature studies characterize the law as a force of coercion and subjugation, this book instead treats in greater depth the law's own vulnerability, both to corruption and to correction. In readings of Spenser's Faerie Queene, the Gesta Grayorum, Donne's 'Satyre V', and Shakespeare's Measure for Measure and The Winter's Tale, Strain argues that the terms and techniques of legal reform provided modes of analysis through which legal authorities and literary writers alike imagined and evaluated form and character. Key FeaturesReevaluates canonical writers in light of developments in legal historical research, bringing an interdisciplinary perspective to works Collects an extensive variety of legal, political, and literary sources to reconstruct the discourse on early modern legal reform, providing an introduction to a topic that is currently underrepresented in early modern legal cultural studiesAnalyses the laws own vulnerability to individual agency.
Author: Lorna Hutson
Publisher: Oxford University Press
ISBN: 0191081973
Category : Literary Collections
Languages : en
Pages : 833
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Book Description
This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. Accordingly, historians, critics, and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive. They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire.
Author: Gail Stuart Rowe
Publisher: University of Delaware Press
ISBN: 9780874135268
Category : Law
Languages : en
Pages : 382
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Book Description
"This work is the first intensive, scholarly study of the early Pennsylvania Supreme Court. Moreover, it is the first investigation of an early American court from the perspective of broad developments within early society. As such it provides the first serious look at a judicial institution shaping the community within which it functioned and being shaped in turn by forces and developments within that society. The book traces the evolution of the personnel, proceedings, and language of the Pennsylvania high court from its founding in May 1684 to its restructuring under the judicial reforms of 1809." "Rowe thoroughly demonstrates an important change in the court's institutional focus during the American Revolution when the court exhibited both an enhanced interest in the outcome of government prosecutions and a greater concern for the rights of individuals facing criminal charges. The growth of the court's powers are traced as are its accomplishments over time, especially after 1778. Also demonstrated is the process by which the court challenged the executive and legislative branches for authority within the state. Accordingly, the work describes the court's move toward the exercise of judicial review prior to Marshall's landmark Marbury v. Madison (1803) ruling and the course by which the high bench came to be viewed by many as an aristocratic forum, a menace and a barrier to the growth of democracy in Pennsylvania. Rowe examines the steps taken by popular forces in the early nineteenth century to diminish the court's impact and influence, as well as the attempts to remove or intimidate the court's judges." "The importance of this work lies in its evaluation of the court's impact on early Pennsylvanians, white and nonwhite, free and unfree, male and female, young and old, rich and poor. Also documented are the changing role of the court in politics and the evolution of the court's personnel toward greater professionalism. Finally, this book carefully traces the mounting conflict centering on the court as its values and practices increasingly came into conflict with the democratic forces, aspirations, and developments within the state."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Penelope Geng
Publisher: University of Toronto Press
ISBN: 1487537441
Category : Literary Criticism
Languages : en
Pages : 276
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Book Description
The sixteenth century was a turning point for both law and drama. Relentless professionalization of the common law set off a cascade of lawyerly self-fashioning – resulting in blunt attacks on lay judgment. English playwrights, including Shakespeare, resisted the forces of legal professionalization by casting legal expertise as a detriment to moral feeling. They celebrated the ability of individuals, guided by conscience and working alongside members of their community, to restore justice. Playwrights used the participatory nature of drama to deepen public understanding of and respect for communal justice. In plays such as King Lear and Macbeth, lay people accomplish the work of magistracy: conscience structures legal judgment, neighbourly care shapes the coroner’s inquest, and communal emotions give meaning to confession and repentance. An original and deeply sourced study of early modern literature and law, Communal Justice in Shakespeare’s England contributes to a growing body of scholarship devoted to the study of how drama creates and sustains community. Penelope Geng brings together a wealth of imaginative and documentary archives – including plays, sermons, conscience literature, Protestant hagiographies, legal manuals, and medieval and early modern chronicles – proving that literature never simply reacts to legal events but always actively invents legal questions, establishes legal expectations, and shapes legal norms.
Author: John Stephen Morrill
Publisher: Oxford University Press, USA
ISBN: 9780192893277
Category : Great Britain
Languages : en
Pages : 556
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Book Description
Two centuries of dramatic change are covered by this exciting and richly illustrated work. Eighteen leading scholars explore the political, social, religious, and cultural history of the period when monarchs based in south-east England imperfectly attempted to extend their authority over thewhole of the British Isles. These centuries witnessed the Reformation, the civil wars, and two revolutions, in which two monarchs, two wives of a king, and two archbishops of Canterbury were tried and executed, and hundreds of men and women tortured and burned in the name of religion. Yet in the same period, an explosion ofliteracy and the printed word, transformations in landscapes and townscapes, new forms of wealth, new structures of power, and new forms of political participation freed minds and broadened horizons. These centuries marked the beginning of Britain's imperial power and its emergence as perhaps themost liberal and mature of European states. The integrated illustrations and maps form an essential part of the book, complementing all aspects of the text. It also contains a Chronology, Glossary, Family Trees of the monarchy, Further Reading, and an extensive Index.
Author: Christopher Brooks
Publisher: Bloomsbury Publishing
ISBN: 1441144455
Category : History
Languages : en
Pages : 289
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Book Description
Legal history has usually been written in terms of writs and legislation, and the development of legal doctrine. Christopher Brooks, in this series of essays roughly half of which are previously unpublished, approaches the law from two different angles: the uses made of courts and the fluctuations in the fortunes of the legal profession. Based on extensive original research, his work has helped to redefine the parameters of British legal history, away from procedural development and the refinement of legal doctrine and towards the real impact that the law had in society. He also places the law into a wider social and political context, showing how changes in the law often reflected, but at the same time influenced, changes in intellectual assumptions and political thought. Lawyers as a profession flourished in the second half of the sixteenth century and throughout the seventeenth century. This great age of lawyers was followed by a decline in the eighteenth and early nineteenth centuries, reflecting both a decline in litigation and the perception of the law as slow, artificially complicated and ruinously expensive. In Lawyers, Litigation and Society, 1450-1900, Christopher Brooks also looks at the sorts of cases brought before different courts, showing why particular courts were used and for what reasons, as well as showing why the popularity of individual courts changed over the years.
Author: James S. Hart
Publisher: Routledge
ISBN: 1000207463
Category : History
Languages : en
Pages : 285
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Book Description
Originally published in 1991, this book traces the evolution of the House of Lords as a court for private litigation during the critically important years from 1621 to 1675. It offers new insights into contemporary politics, government and religion, adding an important dimension to our understanding of the House of Lords. This book is primary reading for advanced undergraduates and postgraduate students on courses on early Stuart England, the Civil War and Restoration history.
