Liberty And Law

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Liberty Against the Law

Author : Christopher Hill
Publisher : Verso Books
ISBN 13 : 178873680X
Total Pages : 369 pages
Book Rating : 4.7/5 (887 download)

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Book Synopsis Liberty Against the Law by : Christopher Hill

Download or read book Liberty Against the Law written by Christopher Hill and published by Verso Books. This book was released on 2020-01-14 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic study of popular resistance to the momentous changes of 17th century England In 17th Century England, the law was not an instrument of justice - it was an instrument of oppression. The enclosures of common land, loss of many traditional rights and draconian punishments for minor transgressions changed the lives of the peasantry and created a landless class of wage labourers. In this, the last book published during his lifetime, renowned historian of the English Revolution Christopher Hill explores the immense social changes that occurred and the expressions of liberty against the law through the literary culture of the times and the hero-worship of the outlaw. As well as chapters on gypsies and vagabonds, Hill analyses 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 17th Century.

Law, Liberty, and Parliament

Author : Allen D. Boyer
Publisher :
ISBN 13 : 9780865974265
Total Pages : 0 pages
Book Rating : 4.9/5 (742 download)

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Book Synopsis Law, Liberty, and Parliament by : Allen D. Boyer

Download or read book Law, Liberty, and Parliament written by Allen D. Boyer and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Structure of Liberty : Justice and the Rule of Law

Author : Randy E. Barnett
Publisher : Oxford University Press, USA
ISBN 13 : 019152204X
Total Pages : 363 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Structure of Liberty : Justice and the Rule of Law by : Randy E. Barnett

Download or read book The Structure of Liberty : Justice and the Rule of Law written by Randy E. Barnett and published by Oxford University Press, USA. This book was released on 1998-04-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -

Law, Liberty and the Constitution

Author : Harry Potter
Publisher : Boydell & Brewer Ltd
ISBN 13 : 178327011X
Total Pages : 364 pages
Book Rating : 4.7/5 (832 download)

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Book Synopsis Law, Liberty and the Constitution by : Harry Potter

Download or read book Law, Liberty and the Constitution written by Harry Potter and published by Boydell & Brewer Ltd. This book was released on 2015 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England's constitution. This accessible and entertaining history traces the growth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties. This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predating that of any other European country - from almost wholly Anglo-Saxon elements. Yet by the seventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism. Devoid of jargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history and wrote and presented an award-winning series on the history of the common law for the BBC.

Common-law Liberty

Author : James Reist Stoner
Publisher :
ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Common-law Liberty by : James Reist Stoner

Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

With Liberty and Justice for Some

Author : Glenn Greenwald
Publisher : Metropolitan Books
ISBN 13 : 1466805765
Total Pages : 355 pages
Book Rating : 4.4/5 (668 download)

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Book Synopsis With Liberty and Justice for Some by : Glenn Greenwald

Download or read book With Liberty and Justice for Some written by Glenn Greenwald and published by Metropolitan Books. This book was released on 2011-11-11 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: From "the most important voice to have entered the political discourse in years" (Bill Moyers), a scathing critique of the two-tiered system of justice that has emerged in America From the nation's beginnings, the law was to be the great equalizer in American life, the guarantor of a common set of rules for all. But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of justice ensures that the country's political and financial class is virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world. Starting with Watergate, continuing on through the Iran-Contra scandal, and culminating with Obama's shielding of Bush-era officials from prosecution, Glenn Greenwald lays bare the mechanisms that have come to shield the elite from accountability. He shows how the media, both political parties, and the courts have abetted a process that has produced torture, war crimes, domestic spying, and financial fraud. Cogent, sharp, and urgent, this is a no-holds-barred indictment of a profoundly un-American system that sanctions immunity at the top and mercilessness for everyone else.

Law, Liberty, and Morality

Author : H. L. A. Hart
Publisher : Stanford University Press
ISBN 13 : 9780804701549
Total Pages : 100 pages
Book Rating : 4.7/5 (15 download)

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Book Synopsis Law, Liberty, and Morality by : H. L. A. Hart

Download or read book Law, Liberty, and Morality written by H. L. A. Hart and published by Stanford University Press. This book was released on 1963 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Liberty and Law

Author : Brian Tierney
Publisher : CUA Press
ISBN 13 : 0813225817
Total Pages : 393 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis Liberty and Law by : Brian Tierney

Download or read book Liberty and Law written by Brian Tierney and published by CUA Press. This book was released on 2014-02-14 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberty and Law examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government.

Law, Legislation and Liberty, Volume 1

Author : F. A. Hayek
Publisher : University of Chicago Press
ISBN 13 : 0226320863
Total Pages : 193 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Law, Legislation and Liberty, Volume 1 by : F. A. Hayek

Download or read book Law, Legislation and Liberty, Volume 1 written by F. A. Hayek and published by University of Chicago Press. This book was released on 1978-02-15 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume represents the first section of F. A. Hayek's comprehensive three-part study of the relations between law and liberty. Rules and Order constructs the framework necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy.

Liberty Under Law

Author : William M. Wiecek
Publisher : JHU Press
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Liberty Under Law by : William M. Wiecek

Download or read book Liberty Under Law written by William M. Wiecek and published by JHU Press. This book was released on 1988-03 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two-hundredth anniversary of the U.S. Constitution and the intense debates surrounding the recent nominees to the Supreme Court have refocused attention on one of the most fundamental documents in U.S. history—and on the judges who settle disputed over its interpretation. Liberty under Law is a concise and readable history of the U.S. Supreme Court, from its antecedents in colonial and British legal tradition to the present, William M. Wiecek surveys the impact of the Court's power of judicial review on important aspects of the national's political, economic, and social life. The author highlights important decisions on issues that range from the scope and legitimacy of judicial review itself to civil rights, censorship, the rights of privacy, seperation of church and state, and the powers of the President and Congress to conduct foreign affairs.

Private and Common Property

Author : Richard A. Epstein
Publisher : Routledge
ISBN 13 : 1136765603
Total Pages : 404 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Private and Common Property by : Richard A. Epstein

Download or read book Private and Common Property written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-08 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2000. Routledge is an imprint of Taylor and Francis, an informa company.

Liberty and Law

Author : Benjamin Hale
Publisher :
ISBN 13 :
Total Pages : 54 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Liberty and Law by : Benjamin Hale

Download or read book Liberty and Law written by Benjamin Hale and published by . This book was released on 1838 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Liberty Under Law

Author : William Howard Taft
Publisher : New Haven : Pub. for the University of Rochester by the Yale University Press
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.:/5 (33 download)

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Book Synopsis Liberty Under Law by : William Howard Taft

Download or read book Liberty Under Law written by William Howard Taft and published by New Haven : Pub. for the University of Rochester by the Yale University Press. This book was released on 1922 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Liberty, Law, and Justice

Author : James Norman Dalrymple Anderson
Publisher : Stevens Publishing
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Liberty, Law, and Justice by : James Norman Dalrymple Anderson

Download or read book Liberty, Law, and Justice written by James Norman Dalrymple Anderson and published by Stevens Publishing. This book was released on 1978 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Toward a Usable Past

Author : Paul Finkelman
Publisher : University of Georgia Press
ISBN 13 : 0820334960
Total Pages : 464 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Toward a Usable Past by : Paul Finkelman

Download or read book Toward a Usable Past written by Paul Finkelman and published by University of Georgia Press. This book was released on 2009-09-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Supreme Court's relegation of many rights to definition under state constitutional law, combined with the tendency of recent administrations to entrust the states with the task of preserving individual rights, is increasingly making state constitutions the arena where the battles to preserve the rights to life, liberty, property, due process, and equal protection of laws must be fought. Ranging in time from the late 1700s to the late 1900s, Toward a Usable Past offers a series of case studies that examine the protection afforded individual rights by state constitutions and state constitutional law. As it explores the history of liberty at the state level, this volume also investigates the promise and risks of turning to state constitutions to guarantee and expand individual rights. In this book, major scholars and legal practitioners discuss state protections of civil liberty, and ponder the contemporary implications of the state record. The cases examined cover topics ranging from religion in schools during the Federalist era to criminal justice in the late nineteenth century, from racial integration in Kansas before Brown v. Board of Education to legal battles over birth control in the Connecticut Supreme Court. The introduction presents the historical and contemporary significance of the topic and traces the evolution of the federal constitutional law establishing the parameters of state regulation of individual rights.

Liberty and the Rule of Law

Author : Robert L. Cunningham
Publisher :
ISBN 13 :
Total Pages : 398 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis Liberty and the Rule of Law by : Robert L. Cunningham

Download or read book Liberty and the Rule of Law written by Robert L. Cunningham and published by . This book was released on 1979 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a conference held in San Francisco in 1976. Includes bibliographical references and index.

Restoring the Lost Constitution

Author : Randy E. Barnett
Publisher : Princeton University Press
ISBN 13 : 0691159734
Total Pages : 448 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett

Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.