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Author: John Baker
Publisher: Cambridge University Press
ISBN: 9781107187054
Category : Law
Languages : en
Pages : 0
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Book Description
This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the 'Puritan' barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606-16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke's dismissal for defending too vigorously the liberty of the subject under the common law.
Author: John Baker
Publisher: Cambridge University Press
ISBN: 9781107187054
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the 'Puritan' barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606-16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke's dismissal for defending too vigorously the liberty of the subject under the common law.
Author: John Baker
Publisher: Cambridge University Press
ISBN: 1316949737
Category : Law
Languages : en
Pages : 1080
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Book Description
This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the 'Puritan' barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606–16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke's dismissal for defending too vigorously the liberty of the subject under the common law.
Author: Jake Griesel
Publisher: Manchester University Press
ISBN: 1526167964
Category : Religion
Languages : en
Pages : 201
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Book Description
This volume is the first collection of essays to focus specifically on how Reformed theology and ecclesiology related to one of the most consequential issues between the Elizabethan Settlement (1559) and the Hanoverian Succession (1714), namely conformity to the Church of England. This volume enriches scholarly understandings of how Reformed identity was understood in the Tudor and Stuart periods, and how it influenced both clerical and lay attitudes towards the English Church’s government, liturgy and doctrine. In a reflection of how established religion pervaded all aspects of civic life in the early modern world and was sharply contested within both ecclesiastical and political spheres, this volume includes chapters that focus variously on the ecclesio-political, liturgical, and doctrinal aspects of conformity.
Author: John Baker
Publisher: Oxford University Press
ISBN: 0192540734
Category : Law
Languages : en
Pages : 704
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Book Description
Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.
Author: Eric M. Freedman
Publisher: NYU Press
ISBN: 1479858943
Category : Law
Languages : en
Pages : 205
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Book Description
A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today’s most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence. Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in “the case of the headless baby”) because their cases did not bear the label “habeas corpus.” The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.
Author: David J. Ibbetson
Publisher: Cambridge University Press
ISBN: 1108483062
Category : History
Languages : en
Pages : 423
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Book Description
A Festschrift in honour of Professor Sir John Baker, presented by leading scholars on the sources of English legal history.
Author: Gwilym Dodd
Publisher: Boydell & Brewer
ISBN: 1903153956
Category : History
Languages : en
Pages : 249
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Book Description
New approaches to the political culture of the fourteenth and fifteenth centuries, considering its complex relation to monarchy and state.
Author: Peter Cane
Publisher: Cambridge University Press
ISBN: 1009277065
Category : Law
Languages : en
Pages : 991
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Book Description
Author: John Baker
Publisher: Oxford University Press
ISBN: 0192659863
Category : Law
Languages : en
Pages : 849
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Book Description
Sources of English Legal History: Public Law to 1750 is the definitive source book on the foundations of English public law. A companion to Baker and Milsom's Sources of English Legal History: Private Law to 1750 2e (OUP, 2010), this new volume offers an extensive collection of illustrative original materials, many of which are previously unpublished. It contains significant new material on the history of habeas corpus, mandamus, and certiorari, as well as well-known constitutional landmarks from the earliest times to 1750. Writing on the history of public law has tended to focus solely on the texts of statutes and formal records. In contrast, the present book concentrates on the forensic arguments and judicial decisions that led to the emergence of legal principles in the field of public law, including criminal law and the regulation of jurisdictions. It illuminates the growth of public law during the medieval and early modern periods, addressing the state's legislative and judicial organs, its coercive functions, and more broadly, the respective powers of the crown and parliament. The first work of its kind, this book is an essential resource for anyone interested in legal and constitutional history.
Author: Jeremias Adams-Prassl
Publisher: Bloomsbury Publishing
ISBN: 1509944281
Category : Law
Languages : en
Pages : 377
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Book Description
This book features essays by leading legal scholars on 'landmark' labour law cases from the mid-19th century to the present day. The essays are acutely sensitive to the historical and theoretical context of each case, and the volume provides original and sometimes startling new perspectives on some familiar friends. There are few activities as distinctively human as work and labour. The book traces the development of labour law through the social struggles and economic conflicts between workers, trade unions, and employers. The narrative arc of its landmark cases reveals the richness and complexity of the human story played out in the working lives of real people. It also charts the remarkable transformation of the constitutional role of courts in labour law, from instruments of class oppression to the vindication of workers' fundamental rights at work. The collection will be of interest to students, scholars, and legal practitioners in labour and equality law, as well as students in management studies, industrial relations, and labour history.
