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Freedom and the Law

Author: Bruno Leoni
Publisher:
ISBN:
Category : Law
Languages : en
Pages :

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Book Description

Law, Liberty, and Parliament

Author: Allen D. Boyer
Publisher:
ISBN: 9780865974265
Category : Law
Languages : en
Pages : 0

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Book Description
Sir Edward Coke remains one of the most important figures in the history of the common law. The essays collected in this volume provide a broad context for understanding and appreciating the scope of Coke's achievement: his theory of law, his work as a lawyer and a judge, his role in pioneering judicial review, his leadership of the Commons, and his place in the broader culture of Elizabethan and Jacobean England. Sir Edward Coke claimed for judges the power to strike down statutes, created the modern common law by reshaping medieval precedents, and, in the House of Commons, led the gathering forces that would ultimately establish a constitutional regime of ordered liberty and responsible, representative government. Although much has been written on Coke, there has been no single adequate study or collection of these writings until now. Law, Liberty, and Parliament brings together material that not only is useful for understanding Coke's career and achievement but also illuminates the late Elizabethan and early Stuart periods in which the common law became inextricably identified with constitutional authority. Allen D. Boyer, author of Sir Edward Coke and the Elizabethan Age, is a lawyer in New York City and a frequent contributor to the New York Times Book Review. Dr. Boyer serves on the advisory board of the Yale Center for Parliamentary History.

Law, Liberty and the Constitution

Author: Harry Potter
Publisher: Boydell & Brewer Ltd
ISBN: 178327011X
Category : History
Languages : en
Pages : 364

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Book Description
A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.

Virtue Politics

Author: James Hankins
Publisher: Harvard University Press
ISBN: 0674242521
Category : Political Science
Languages : en
Pages : 769

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Book Description
Winner of the Helen and Howard Marraro Prize A Times Literary Supplement Book of the Year “Perhaps the greatest study ever written of Renaissance political thought.” —Jeffrey Collins, Times Literary Supplement “Magisterial...Hankins shows that the humanists’ obsession with character explains their surprising indifference to particular forms of government. If rulers lacked authentic virtue, they believed, it did not matter what institutions framed their power.” —Wall Street Journal “Puts the politics back into humanism in an extraordinarily deep and far-reaching way...For generations to come, all who write about the political thought of Italian humanism will have to refer to it; its influence will be...nothing less than transformative.” —Noel Malcolm, American Affairs “[A] masterpiece...It is only Hankins’s tireless exploration of forgotten documents...and extraordinary endeavors of editing, translation, and exposition that allow us to reconstruct—almost for the first time in 550 years—[the humanists’] three compelling arguments for why a strong moral character and habits of truth are vital for governing well. Yet they are as relevant to contemporary democracy in Britain, and in the United States, as to Machiavelli.” —Rory Stewart, Times Literary Supplement “The lessons for today are clear and profound.” —Robert D. Kaplan Convulsed by a civilizational crisis, the great thinkers of the Renaissance set out to reconceive the nature of society. Everywhere they saw problems. Corrupt and reckless tyrants sowing discord and ruling through fear; elites who prized wealth and status over the common good; religious leaders preoccupied with self-advancement while feuding armies waged endless wars. Their solution was at once simple and radical. “Men, not walls, make a city,” as Thucydides so memorably said. They would rebuild the fabric of society by transforming the moral character of its citizens. Soulcraft, they believed, was a precondition of successful statecraft. A landmark reappraisal of Renaissance political thought, Virtue Politics challenges the traditional narrative that looks to the Renaissance as the seedbed of modern republicanism and sees Machiavelli as its exemplary thinker. James Hankins reveals that what most concerned the humanists was not reforming institutions so much as shaping citizens. If character mattered more than laws, it would have to be nurtured through a new program of education they called the studia humanitatis: the precursor to our embattled humanities.

Liberty against the Law

Author: Christopher Hill
Publisher: Verso Books
ISBN: 1788736818
Category : History
Languages : en
Pages : 490

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Book Description
In this, the last book published during his lifetime, renowned historian of the English Revolution Christopher Hill uses the literary culture of the seventeenth century to explore the immense social changes of the period as well as the expressions of liberty, the law and the hero-worship of the outlaw defiance. As well as chapters on gypsies and vagabonds, Hill analyzes class, religion and the shift away from the importance of the church after the Reformation. Liberty against the Law is a late classic of Hill's work and essential reading for anyone interested in the history and politics of the seventeenth-century.

Law, Liberty, and Morality

Author: H. L. A. Hart
Publisher: Stanford University Press
ISBN: 9780804701549
Category : Political Science
Languages : en
Pages : 100

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Book Description
This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.

Common-law Liberty

Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230

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Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

Law, Liberty, and the Rule of Law

Author: Imer B. Flores
Publisher: Springer Science & Business Media
ISBN: 940074742X
Category : Philosophy
Languages : en
Pages : 196

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Book Description
In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.