The Prince And The Law 1200 1600

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The Prince and the Law, 1200-1600

Author : Kenneth Pennington
Publisher : Univ of California Press
ISBN 13 : 0520913035
Total Pages : 760 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis The Prince and the Law, 1200-1600 by : Kenneth Pennington

Download or read book The Prince and the Law, 1200-1600 written by Kenneth Pennington and published by Univ of California Press. This book was released on 2023-12-22 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Peter Stein
Publisher : Cambridge University Press
ISBN 13 : 9780521643795
Total Pages : 152 pages
Book Rating : 4.6/5 (437 download)

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Book Synopsis Roman Law in European History by : Peter Stein

Download or read book Roman Law in European History written by Peter Stein and published by Cambridge University Press. This book was released on 1999-05-13 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Roman law has influenced European legal and political thought from antiquity to the present day.

Technology and Legal Systems

Author : Noel Cox
Publisher : Routledge
ISBN 13 : 1351895753
Total Pages : 254 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis Technology and Legal Systems by : Noel Cox

Download or read book Technology and Legal Systems written by Noel Cox and published by Routledge. This book was released on 2016-12-14 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The advent of the knowledge economy and society has made it increasingly necessary for law reformers and policy makers to take account of the effects of technology upon the law and upon legal and political processes. This book explores aspects of technology's relationship with law and government, and in particular the effects changing technology has had on constitutional structures and upon business. Part I examines the legal normative influence of constitutional structures and political theories. It focuses on the interrelationship between laws and legal procedure with technology and the effect technology can have on the legal environment. Part II discusses the relationship between government and technology both at the national and international level. The author argues that technology must be contextualized within a constitution and draws on historical and contemporary examples to illustrate how technology has both shaped civilizations and been the product of its political and constitutional environment.

Law, City, and King

Author : Michael P. Breen
Publisher : University Rochester Press
ISBN 13 : 9781580462365
Total Pages : 334 pages
Book Rating : 4.4/5 (623 download)

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Book Synopsis Law, City, and King by : Michael P. Breen

Download or read book Law, City, and King written by Michael P. Breen and published by University Rochester Press. This book was released on 2007 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Judicial Duty

Author : Philip HAMBURGER
Publisher : Harvard University Press
ISBN 13 : 0674038193
Total Pages : 705 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Law and Judicial Duty by : Philip HAMBURGER

Download or read book Law and Judicial Duty written by Philip HAMBURGER and published by Harvard University Press. This book was released on 2009-06-30 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

Hobbes and the Law

Author : David Dyzenhaus
Publisher : Cambridge University Press
ISBN 13 : 1139576941
Total Pages : pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Hobbes and the Law by : David Dyzenhaus

Download or read book Hobbes and the Law written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2012-08-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Hobbes's political thought provokes a perennial fascination. It has become particularly prominent in recent years, with the surge of scholarly interest evidenced by a number of monographs in political theory and philosophy. At the same time, there has been a turn in legal scholarship towards political theory in a way that engages recognisably Hobbesian themes, for example the relationship between security and liberty. However, there is surprisingly little engagement with Hobbes's views on legal theory in general and on certain legal topics, despite the fact that Hobbes devoted whole works to legal inquiry and gave law a prominent role in his works focused on politics. This volume seeks to remedy this gap by providing the first collection of specially commissioned essays devoted to Hobbes and the law.

European Legal History

Author : Randall Lesaffer
Publisher : Cambridge University Press
ISBN 13 : 0521877989
Total Pages : 561 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis European Legal History by : Randall Lesaffer

Download or read book European Legal History written by Randall Lesaffer and published by Cambridge University Press. This book was released on 2009-06-25 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.

Peace Treaties and International Law in European History

Author : Randall Lesaffer
Publisher : Cambridge University Press
ISBN 13 : 1139453785
Total Pages : 505 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Peace Treaties and International Law in European History by : Randall Lesaffer

Download or read book Peace Treaties and International Law in European History written by Randall Lesaffer and published by Cambridge University Press. This book was released on 2004-08-19 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.

Presumption of Innocence in Peril

Author : Anthony Gray
Publisher : Lexington Books
ISBN 13 : 1498554113
Total Pages : 209 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Presumption of Innocence in Peril by : Anthony Gray

Download or read book Presumption of Innocence in Peril written by Anthony Gray and published by Lexington Books. This book was released on 2017-11-08 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.

A Treatise of Legal Philosophy and General Jurisprudence

Author : Michael Lobban
Publisher : Springer
ISBN 13 : 940179880X
Total Pages : 524 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis A Treatise of Legal Philosophy and General Jurisprudence by : Michael Lobban

Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Michael Lobban and published by Springer. This book was released on 2016-02-12 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Christianity and International Law

Author : Pamela Slotte
Publisher : Cambridge University Press
ISBN 13 : 1108474551
Total Pages : 535 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Christianity and International Law by : Pamela Slotte

Download or read book Christianity and International Law written by Pamela Slotte and published by Cambridge University Press. This book was released on 2021-05-20 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a many-sided introduction to the theme of Christianity and international law. Using a historical and contemporary perspective, it will appeal to readers interested in key topics of international law and how they intersect with Christianity.

The History and Growth of Judicial Review, Volume 2

Author : Steven Gow Calabresi
Publisher : Oxford University Press
ISBN 13 : 0190075759
Total Pages : 384 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The History and Growth of Judicial Review, Volume 2 by : Steven Gow Calabresi

Download or read book The History and Growth of Judicial Review, Volume 2 written by Steven Gow Calabresi and published by Oxford University Press. This book was released on 2021-04-13 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume Two discusses the G-20 civil law countries.

The History and Growth of Judicial Review, Volume 2

Author : Steven G. Calabresi
Publisher : Oxford University Press
ISBN 13 : 0190075732
Total Pages : 373 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The History and Growth of Judicial Review, Volume 2 by : Steven G. Calabresi

Download or read book The History and Growth of Judicial Review, Volume 2 written by Steven G. Calabresi and published by Oxford University Press. This book was released on 2021 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Indonesia; Mexico; and the European Union. The book considers five different theories, which help to explain the origins of judicial review, and it identifies which theories apply best in the various countries discussed. It considers not on what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over times. The positive account of what causes the origins and growth of judicial review in so many very different countries over such a long period of time has normative implications"--

The Oxford Handbook of Christianity and Law

Author : John Witte, Jr.
Publisher : Oxford University Press
ISBN 13 : 019760675X
Total Pages : 921 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis The Oxford Handbook of Christianity and Law by : John Witte, Jr.

Download or read book The Oxford Handbook of Christianity and Law written by John Witte, Jr. and published by Oxford University Press. This book was released on 2023 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Empire and Legal Thought

Author : Edward Cavanagh
Publisher : BRILL
ISBN 13 : 9004431241
Total Pages : 633 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Empire and Legal Thought by : Edward Cavanagh

Download or read book Empire and Legal Thought written by Edward Cavanagh and published by BRILL. This book was released on 2020-05-25 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Together, the chapters in Empire and Legal Thought make the case for seeing the history of international legal thought and empires against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes over thousands of years.

A Companion to Western Legal Traditions

Author :
Publisher : BRILL
ISBN 13 : 9004687254
Total Pages : 556 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis A Companion to Western Legal Traditions by :

Download or read book A Companion to Western Legal Traditions written by and published by BRILL. This book was released on 2023-12-28 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an extensive introduction to Western legal traditions from antiquity to the twentieth century. Drawing from a variety of scholarly writings, both in English and in translation, thirteen leading scholars present the current state of western legal history research and pave the way for new debates and future study. This is the ideal sourcebook for graduate students, as it enables them to approach the key questions of the field in an accessible way. Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.

International Humanitarian Law

Author : John Carey
Publisher : BRILL
ISBN 13 : 1571052666
Total Pages : 409 pages
Book Rating : 4.5/5 (71 download)

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Book Synopsis International Humanitarian Law by : John Carey

Download or read book International Humanitarian Law written by John Carey and published by BRILL. This book was released on 2003 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: In three distinct volumes the editors bring together a distinguished group of contributors whose essays chart the history, practice, and future of international humanitarian law. At a time when the war crimes of recent decades are being examined in the International Criminal Tribunals for Former Yugoslavia and Rwanda and a new International Criminal Court is being created as a permanent venue to try such crimes, the role of international humanitarian law is seminal to the functioning of such attempts to establish a just world order. The intent of these volumes is to help to inform where humanitarian law had its origins, how it has been shaped by world events, and why it can be employed to serve the future. The other volumes in this set are International Humanitarian Law: Origins and International Humanitarian Law: Challenges Published under the Transnational Publishers imprint.