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The Medieval Constitution Of Liberty
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Book Synopsis The Medieval Constitution of Liberty by : Alexander William Salter
Download or read book The Medieval Constitution of Liberty written by Alexander William Salter and published by University of Michigan Press. This book was released on 2023-08-08 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did enduring traditions of economic and political liberty emerge in Western Europe and not elsewhere? Representative democracy, constitutionalism, and the rule of law are crucial for establishing a just and prosperous society, which we usually treat as the fruits of the Renaissance and Enlightenment, as Western European societies put the Dark Ages behind them. In The Medieval Constitution of Liberty, Salter and Young point instead to the constitutional order that characterized the High Middle Ages. They provide a historical account of how this constitutional order evolved following the fall of the Western Roman Empire. This account runs from the settlements of militarized Germanic elites within the imperial frontiers, to the host of successor kingdoms in the sixth and seventh centuries, and through the short-lived Carolingian empire of the late eighth and ninth centuries and the so-called “feudal anarchy” that followed its demise. Given this unique historical backdrop, Salter and Young consider the resulting structures of political property rights. They argue that the historical reality approximated a constitutional ideal type, which they term polycentric sovereignty. Salter and Young provide a theoretical analysis of polycentric sovereignty, arguing that bargains between political property rights holders within that sort of constitutional order will lead to improvements in governance.
Book Synopsis The Constitution of Liberty by : F.A. Hayek
Download or read book The Constitution of Liberty written by F.A. Hayek and published by Routledge. This book was released on 2020-06-29 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.
Book Synopsis Constitutionalism by : Charles Howard McIlwain
Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
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: 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.
Book Synopsis The Roots of Liberty by : Ellis Sandoz
Download or read book The Roots of Liberty written by Ellis Sandoz and published by Amagi Books. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roots of Liberty is a critical collection of essays on the origin and nature of the often elusive idea of the nature of liberty. Throughout this book, the original and thought-provoking views from scholars J C Holt, Christopher W Brooks, Paul Christianson, and John Phillip Reid offer insights into the development of English ideas of liberty and the relationship those ideas hold to modern conceptions of rule of law. Ellis Sandoz's introduction details Fortescue's vision of the constitution and places each of the essays in historiographical context. Corrine C. Weston's spirited epilogue evaluates the essays' arguments.
Book Synopsis Religious Freedom and the Constitution by : Christopher L. Eisgruber
Download or read book Religious Freedom and the Constitution written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2010-04-10 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Download or read book Freedom's Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Book Synopsis The Classical Liberal Constitution by : Richard A. Epstein
Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Download or read book Freedom written by Annelien De Dijn and published by Harvard University Press. This book was released on 2020-08-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the PROSE Award An NRC Handelsblad Best Book of the Year “Ambitious and impressive...At a time when the very survival of both freedom and democracy seems uncertain, books like this are more important than ever.” —The Nation “Helps explain how partisans on both the right and the left can claim to be protectors of liberty, yet hold radically different understandings of its meaning...This deeply informed history of an idea has the potential to combat political polarization.” —Publishers Weekly “Ambitious and bold, this book will have an enormous impact on how we think about the place of freedom in the Western tradition.” —Samuel Moyn, author of Not Enough “Brings remarkable clarity to a big and messy subject...New insights and hard-hitting conclusions about the resistance to democracy make this essential reading for anyone interested in the roots of our current dilemmas.” —Lynn Hunt, author of History: Why It Matters For centuries people in the West identified freedom with the ability to exercise control over the way in which they were governed. The equation of liberty with restraints on state power—what most people today associate with freedom—was a deliberate and dramatic rupture with long-established ways of thinking. So what triggered this fateful reversal? In a masterful and surprising reappraisal of more than two thousand years of Western thinking about freedom, Annelien de Dijn argues that this was not the natural outcome of such secular trends as the growth of religious tolerance or the creation of market societies. Rather, it was propelled by an antidemocratic backlash following the French and American Revolutions. The notion that freedom is best preserved by shrinking the sphere of government was not invented by the revolutionaries who created our modern democracies—it was first conceived by their critics and opponents. De Dijn shows that far from following in the path of early American patriots, today’s critics of “big government” owe more to the counterrevolutionaries who tried to undo their work.
Book Synopsis A Source Book for Mediæval History by : Oliver J. Thatcher
Download or read book A Source Book for Mediæval History written by Oliver J. Thatcher and published by Good Press. This book was released on 2019-11-22 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Source Book for Mediæval History is a scholarly piece by Oliver J. Thatcher. It covers all major historical events and leaders from the Germania of Tacitus in the 1st century to the decrees of the Hanseatic League in the 13th century.
Book Synopsis On Reading the Constitution by : Laurence H. TRIBE
Download or read book On Reading the Constitution written by Laurence H. TRIBE and published by Harvard University Press. This book was released on 2009-06-30 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.
Book Synopsis Machiavelli in Tumult by : Gabriele Pedullà
Download or read book Machiavelli in Tumult written by Gabriele Pedullà and published by Cambridge University Press. This book was released on 2018-08-30 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstructs the origins of the idea that social conflict, and not concord, makes political communities powerful.
Book Synopsis Our Dear-Bought Liberty by : Michael D. Breidenbach
Download or read book Our Dear-Bought Liberty written by Michael D. Breidenbach and published by Harvard University Press. This book was released on 2021-05-25 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: How early American Catholics justified secularism and overcame suspicions of disloyalty, transforming ideas of religious liberty in the process. In colonial America, Catholics were presumed dangerous until proven loyal. Yet Catholics went on to sign the Declaration of Independence and helped to finalize the First Amendment to the Constitution. What explains this remarkable transformation? Michael Breidenbach shows how Catholic leaders emphasized their churchÕs own traditionsÑrather than Enlightenment liberalismÑto secure the religious liberty that enabled their incorporation in American life. Catholics responded to charges of disloyalty by denying papal infallibility and the popeÕs authority to intervene in civil affairs. Rome staunchly rejected such dissent, but reform-minded Catholics justified their stance by looking to conciliarism, an intellectual tradition rooted in medieval Catholic thought yet compatible with a republican view of temporal independence and church-state separation. Drawing on new archival material, Breidenbach finds that early American Catholic leaders, including Maryland founder Cecil Calvert and members of the prominent Carroll family, relied on the conciliarist tradition to help institute religious toleration, including the Maryland Toleration Act of 1649. The critical role of Catholics in establishing American churchÐstate separation enjoins us to revise not only our sense of who the American founders were, but also our understanding of the sources of secularism. ChurchÐstate separation in America, generally understood as the product of a Protestant-driven Enlightenment, was in key respects derived from Catholic thinking. Our Dear-Bought Liberty therefore offers a dramatic departure from received wisdom, suggesting that religious liberty in America was not bestowed by liberal consensus but partly defined through the ingenuity of a persecuted minority.
Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger
Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Book Synopsis The Transatlantic Constitution by : Mary Sarah Bilder
Download or read book The Transatlantic Constitution written by Mary Sarah Bilder and published by Harvard University Press. This book was released on 2008-03-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
Download or read book Magna Carta written by Dan Jones and published by Penguin. This book was released on 2015-10-20 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Dan Jones has an enviable gift for telling a dramatic story while at the same time inviting us to consider serious topics like liberty and the seeds of representative government." —Antonia Fraser From the New York Times bestselling author of The Plantagenets, a lively, action-packed history of how the Magna Carta came to be—by the author of Powers and Thrones. The Magna Carta is revered around the world as the founding document of Western liberty. Its principles—even its language—can be found in our Bill of Rights and in the Constitution. But what was this strange document and how did it gain such legendary status? Dan Jones takes us back to the turbulent year of 1215, when, beset by foreign crises and cornered by a growing domestic rebellion, King John reluctantly agreed to fix his seal to a document that would change the course of history. At the time of its creation the Magna Carta was just a peace treaty drafted by a group of rebel barons who were tired of the king's high taxes, arbitrary justice, and endless foreign wars. The fragile peace it established would last only two months, but its principles have reverberated over the centuries. Jones's riveting narrative follows the story of the Magna Carta's creation, its failure, and the war that subsequently engulfed England, and charts the high points in its unexpected afterlife. Reissued by King John's successors it protected the Church, banned unlawful imprisonment, and set limits to the exercise of royal power. It established the principle that taxation must be tied to representation and paved the way for the creation of Parliament. In 1776 American patriots, inspired by that long-ago defiance, dared to pick up arms against another English king and to demand even more far-reaching rights. We think of the Declaration of Independence as our founding document but those who drafted it had their eye on the Magna Carta.
Book Synopsis Ordered Liberty by : James E. Fleming
Download or read book Ordered Liberty written by James E. Fleming and published by Harvard University Press. This book was released on 2013-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.
