Author: Kenneth Pennington
Publisher: Univ of California Press
ISBN: 9780520913035
Category : History
Languages : en
Pages : 356
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Book Description
The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians. The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens
Author: Peter Stein
Publisher: Cambridge University Press
ISBN: 9780521643795
Category : History
Languages : en
Pages : 152
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Book Description
This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.
Author: Hunt Janin
Publisher: McFarland
ISBN: 9780786418411
Category : Law
Languages : en
Pages : 238
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Book Description
Discusses the types of justice administered in medieval times, how geography and religion shaped it, and its legacy in modern times.
Author: James Henderson Burns
Publisher: Oxford University Press
ISBN: 9780198203841
Category : History
Languages : en
Pages : 348
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Book Description
This debate was of such intensity that James VI, the first king to rule over Scotland and England, wrote his own book on the subject: 'The True Lawe of Free Monarchies'.
Author: Kenneth Pennington
Publisher: Routledge
ISBN: 1317107683
Category : Law
Languages : en
Pages : 436
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Book Description
This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.
Author: Daniel Lee
Publisher: Oxford University Press
ISBN: 0191062456
Category : Law
Languages : en
Pages : 394
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Book Description
Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.
Author: David T. Orique
Publisher: Routledge
ISBN: 1000365344
Category : History
Languages : en
Pages : 380
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Book Description
The Unheard Voice of Law in Bartolomé de las Casas’s Brevísima relación de la destruición de las Indias reinterprets Las Casas’s controversial treatise as a legal document, whose legal character is linked to civil and ecclesial genres of the Early Modern and late Renaissance juridical tradition. Bartolomé de las Casas proclaimed: "I have labored to inquire about, study, and discern the law; I have plumbed the depths and have reached the headwaters." The Unheard Voice also plumbs the depths of Las Casas’s voice of law in his widely read and highly controversial Brevísima relación—a legal document published and debated since the 16th century. This original reinterpretation of his Very Brief Account uncovers the juridical approach voiced in his defense of the Indigenous peoples of the Americas. The Unheard Voice innovatively asserts that the Brevísima relación’s legal character is intimately linked to civil and ecclesial genres of the late Renaissance juridical tradition. This paradigm-shifting book contextualizes the formation of Las Casas’s juridical voice in canon law and theology—initially as a secular cleric, subsequently as a Dominican friar, and finally as a diocesan bishop—and demonstrates how his experienced juridical voice fought for justice in trans-Atlantic debates about Indigenous peoples’ level of humanity, religious freedom, enslavement, and conquest. Reaching the headwaters of Las Casas’s hitherto unheard juridical voice of law in the Brevísima relación provides readers with a previously unheard interpretation—an appealing voice for readers and students of this powerful Early Modern text that still resonates today. The Unheard Voice of Law is a valuable companion text for many in the disciplines of literature, history, theology, law, and philosophy who read Bartolomé de las Casas’s Very Brief Account and study his life, labor, and legacy.
Author: Blair Hoxby
Publisher: University of Toronto Press
ISBN: 1487518099
Category : Literary Criticism
Languages : en
Pages : 307
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Book Description
Since the nineteenth century, some of the most influential historians have portrayed opera and tragedy as wholly distinct cultural phenomena. These historians have denied a meaningful connection between the tragedy of the ancients and the efforts of early modern composers to arrive at styles that were intensely dramatic. Drawing on a series of case studies, Opera, Tragedy, and Neighbouring Forms from Corneille to Calzabigi traces the productive, if at times rivalrous, relationship between opera and tragedy from the institution of French regular tragedy under Richelieu in the 1630s to the reform of opera championed by Calzabigi and Gluck in the late eighteenth century. Blair Hoxby and his fellow contributors shed light on “neighbouring forms” of theatre, including pastoral drama, tragédie en machines, tragédie en musique, and Goldoni’s dramma giocoso. Their analysis includes famous masterpieces by Corneille, Voltaire, Metastasio, Goldoni, Calzabigi, Handel, and Gluck, as well as lesser-known artists such as Luisa Bergalli, the first female librettist to write for the public theatre in Italy. Opera, Tragedy, and Neighbouring Forms from Corneille to Calzabigi delves into a series of quarrels and debates in order to illuminate the history of seventeenth- and eighteenth-century theatre.
Author: Natalie Fryde
Publisher: Vandenhoeck & Ruprecht
ISBN: 9783525353912
Category : History
Languages : en
Pages : 328
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Book Description
Britische, französische und deutsche Historiker erforschen in diesem Band die kulturellen, gesellschaftlichen und politischen Bedingungen, unter denen in England, Frankreich und Deutschland das Phänomen des Feudalismus konstituiert wurde.
Author: David Napolitano
Publisher: Bloomsbury Publishing
ISBN: 1350272825
Category : History
Languages : en
Pages : 281
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Book Description
Offering a broad exploration of the cultural history of democracy in the medieval age, this volume claims that, though not generally associated with the term, the Middle Ages deserve to be included in a general history of democracy. The term was never widely employed during this period, the dominant attitude towards democracy was outright hostility, and none of the medieval polities thought of itself as a democracy. Despite this, this study highlights a wide variety of ideas, practices, procedures, and institutions that, although different from their ancient predecessor (direct democracy) or modern successor (liberal representative democracy), played a significant role in the history of democracy. This volume covers almost 1,000 years and a wide range of territories. It deals with different political spheres (ecclesiastical and secular) and socio-political settings (courtly, urban, and rural) and examines the phenomenon from the local level up to the universal realm. This volume adopts a broad cultural approach and is structured thematically. Each chapter takes a theme as its focus: sovereignty; liberty and the rule of law; the common good; economic and social democracy; religion and the principles of political obligation; citizenship and gender; ethnicity, race, and nationalism; democratic crises, revolutions, and civil resistance; international relations; and the scalability of democracy beyond the limits of a single city. These ten themes add up to an extensive, synoptic coverage of the subject.
