The Prince And The Law 1200 1600
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The Prince And The Law 1200 1600
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Author : Kenneth Pennington
language : en
Publisher: Univ of California Press
Release Date : 2023-12-22
The Prince And The Law 1200 1600 written by Kenneth Pennington and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-22 with History categories.
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.
Roman Law In European History
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Author : Peter Stein
language : en
Publisher: Cambridge University Press
Release Date : 1999-05-13
Roman Law In European History written by Peter Stein and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-05-13 with History categories.
How Roman law has influenced European legal and political thought from antiquity to the present day.
The Oxford Handbook Of Christianity And Law
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Author : John Witte, Jr.
language : en
Publisher: Oxford University Press
Release Date : 2023
The Oxford Handbook Of Christianity And Law written by John Witte, Jr. and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Education categories.
This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.
Law City And King
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Author : Michael P. Breen
language : en
Publisher: University Rochester Press
Release Date : 2007
Law City And King written by Michael P. Breen and has been published by University Rochester Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with History categories.
An in-depth examination of political activities in early modern France that opens up new perspectives on the local workings of the French state and the experiences of those who participated in it.Law, City, and King provides important new insights into the transformation of political participation and consciousness among urban notables who bridged the gap between local society and the state in early modern France. Breen''s detailed research shows how the educated, socially-middling avocats who staffed Dijon''s municipality used law, patronage, and the other resources at their disposal to protect the city council''s authority and their own participation in local governance. Drawing on juridical and historical authorities, the avocats favored a traditional conception of limited "absolute" monarchy increasingly at odds with royal ideology. Despite their efforts to resist the monarchy''s growth, the expansion of royal power under Louis XIV eventually excluded Dijon''s avocats from the French state. In opening up new perspectives on the local workings of the French state and the experiences of those who participated in it, Law, City, and King recasts debates about absolutism and early modern state formation. By focusing on the political alienation of notables who had long linked the crown to provincial society, Breen explains why Louis XIV''s collaborative absolutism did not endure. At the same time, the book''s examination of lawyers'' political activities and ideas provides insights into the transformation of French political culturein the decades leading up to the French Revolution. Michael P. Breen is Associate Professor of History and Humanities at Reed College in Portland, Oregon.perspectives on the local workings of the French state and the experiences of those who participated in it, Law, City, and King recasts debates about absolutism and early modern state formation. By focusing on the political alienation of notables who had long linked the crown to provincial society, Breen explains why Louis XIV''s collaborative absolutism did not endure. At the same time, the book''s examination of lawyers'' political activities and ideas provides insights into the transformation of French political culturein the decades leading up to the French Revolution. Michael P. Breen is Associate Professor of History and Humanities at Reed College in Portland, Oregon.perspectives on the local workings of the French state and the experiences of those who participated in it, Law, City, and King recasts debates about absolutism and early modern state formation. By focusing on the political alienation of notables who had long linked the crown to provincial society, Breen explains why Louis XIV''s collaborative absolutism did not endure. At the same time, the book''s examination of lawyers'' political activities and ideas provides insights into the transformation of French political culturein the decades leading up to the French Revolution. Michael P. Breen is Associate Professor of History and Humanities at Reed College in Portland, Oregon.perspectives on the local workings of the French state and the experiences of those who participated in it, Law, City, and King recasts debates about absolutism and early modern state formation. By focusing on the political alienation of notables who had long linked the crown to provincial society, Breen explains why Louis XIV''s collaborative absolutism did not endure. At the same time, the book''s examination of lawyers'' political activities and ideas provides insights into the transformation of French political culturein the decades leading up to the French Revolution. Michael P. Breen is Associate Professor of History and Humanities at Reed College in Portland, Oregon. absolutism did not endure. At the same time, the book''s examination of lawyers'' political activities and ideas provides insights into the transformation of French political culturein the decades leading up to the French Revolution. Michael P. Breen is Associate Professor of History and Humanities at Reed College in Portland, Oregon.
A Treatise Of Legal Philosophy And General Jurisprudence
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Author : Michael Lobban
language : en
Publisher: Springer
Release Date : 2016-02-12
A Treatise Of Legal Philosophy And General Jurisprudence written by Michael Lobban and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-12 with Law categories.
The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century edited by Andrea Padovani and Peter Stein Volume 7 is the second of the historical volumes and acts as a complement to the previous Volume 6, discussing from the jurists’ perspective what that previous volume discusses from the philosophers’ perspective. The subjects of analysis are, first, the Roman jurists’ conception of law, second, the metaphysical and logical presuppositions of late medieval legal science, and, lastly, the connection between legal and political thought up to the 17th century. The discussion shows how legal science proceeds at every step of the way, from Rome to early modern times, as an enterprise that cannot be untangled from other forms of thought, thus giving rise to an interest in logic, medieval theology, philosophy, and politics—all areas where legal science has had an influence. Volume 8: A History of the Philosophy of Law in The Common Law World, 1600–1900 by Michael Lobban Volume 8, the third of the historical volumes, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the ‘common law mind’ as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke’s vision of the common law continued to exert a strong influence on American jurists, in England a more positivist approach took root, which found its fullest articulation in the work of Bentham and Austin.
Political Theologies In Shakespeare S England
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Author : Debora Shuger
language : en
Publisher: Springer
Release Date : 2001-09-06
Political Theologies In Shakespeare S England written by Debora Shuger and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-06 with Literary Criticism categories.
Shuger's study of Measure to Measure offers a sweeping reinterpretation of English political thought in the aftermath of the Reformation, one that focuses not on the tension between Crown and Parliament but on the relation of the sacred to the state.
The Unity Of Public Law
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Author : David Dyzenhaus
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-03-17
The Unity Of Public Law written by David Dyzenhaus and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03-17 with Law categories.
This book tackles the important topic of the relationship between three parts of the public law regime in a common law jurisdiction: the common law of judicial review or the unwritten constitution, the written constitution and public international law. Thematic coherence is ensured by the fact that the papers were presented at a conference in early 2003 and then extensively revised and by a general focus on a path-breaking decision of Canada's Supreme Court (Baker). The book thus contains a highly productive exchange between an international group of scholars on such themes as the rule of law, judicial deference, the separation of powers, the role of human rights in common law reasoning on immigration and security matters, and the nature of legal authority.
American Law In A Global Context
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Author : George P. Fletcher
language : en
Publisher: Oxford University Press, USA
Release Date : 2005
American Law In A Global Context written by George P. Fletcher and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Resource added for the Paralegal program 101101.
The Morality Of Self Defense And Military Action
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Author : David B. Kopel
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2017-02-16
The Morality Of Self Defense And Military Action written by David B. Kopel and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-16 with Religion categories.
Shedding new light on a controversial and intriguing issue, this book will reshape the debate on how the Judeo-Christian tradition views the morality of personal and national self-defense. Are self-defense, national warfare, and revolts against tyranny holy duties—or violations of God's will? Pacifists insist these actions are the latter, forbidden by Judeo-Christian morality. This book maintains that the pacifists are wrong. To make his case, the author analyzes the full sweep of Judeo-Christian history from earliest times to the present, combining history, scriptural analysis, and philosophy to describe the changes and continuity of Jewish and Christian doctrine about the use of lethal force. He reveals the shifting patterns of thought in both religions and presents the strongest arguments on both sides of the issue. The book begins with the ancient Hebrews and Genesis and covers Jewish history through the Holocaust and beyond. The analysis then shifts to the story of Christianity from its origins, through the Middle Ages and the Reformation, up the present day. Based on this scrutiny, the author concludes that—contrary to popular belief—the legitimacy of self-defense is strongly supported by Judeo-Christian scripture and commentary, by philosophical analysis, and by the respect for human dignity and human rights on which both Judaism and Christianity are based.
On The Rule Of Law
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Author : Brian Z. Tamanaha
language : en
Publisher: Cambridge University Press
Release Date : 2004-11-18
On The Rule Of Law written by Brian Z. Tamanaha and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-18 with Juvenile Nonfiction categories.
The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.