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The Royal Prerogative And The Learning Of The Inns Of Court
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Book Synopsis The Royal Prerogative and the Learning of the Inns of Court by : Margaret McGlynn
Download or read book The Royal Prerogative and the Learning of the Inns of Court written by Margaret McGlynn and published by Cambridge University Press. This book was released on 2004-12-20 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Margaret McGlynn examines legal education at the Inns of Court in the late fifteenth/early sixteenth century.
Book Synopsis Navigational Servitudes by : Ralph J. Gillis
Download or read book Navigational Servitudes written by Ralph J. Gillis and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a new perspective on the role of States as reciprocal trustees for the Oceans Public Trust. The concept of the oceans and navigable waters as held in public trust is examined from its origins in the 17th century North Sea fisheries controversy with particular regard to the arguments by Selden and Grotius pertaining to State jurisdiction over oceans and marginal sea areas. Those arguments manifest an underlying common principle of navigational freedom reflected in the parallel public trust development of public rights to fishing and navigation as protected and preserved within the Royal Prerogative "jus publicum," The significance for the modern context is that the 1958 Geneva Conventions on the Law of the Sea, the 1982 United Nations Convention on the Law of the Sea and a myriad of other conventions now evidence an unstated but patent public trust in the communal responsibility of States within both the conventional and customary regime of the high seas, as well as in regimes for territorial seas and marginal sea areas as shared with extended coastal State jurisdictions. This book is intended to serve as a reference work for this somewhat arcane source of the Oceans Public Trust, and should prove a useful research source for those who study law of the sea.
Book Synopsis The Oxford History of the Laws of England Volume VI by : John Baker
Download or read book The Oxford History of the Laws of England Volume VI written by John Baker and published by OUP Oxford. This book was released on 2003-09-18 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume covers the years 1483-1558, a period of immense social, political, and intellectual changes, which profoundly affected the law and its workings. It first considers constitutional developments, and addresses the question of whether there was a rule of law under king Henry VIII. In a period of supposed despotism, and enhanced parliamentary power, protection of liberty was increasing and habeas corpus was emerging. The volume considers the extent to which the law was affected by the intellectual changes of the Renaissance, and how far the English experience differed from that of the Continent. It includes a study of the myriad jurisdictions in Tudor England and their workings; and examines important procedural changes in the central courts, which represent a revolution in the way that cases were presented and decided. The legal profession, its education, its functions, and its literature are examined, and the impact of printing upon legal learning and the role of case-law in comparison with law-school doctrine are addressed. The volume then considers the law itself. Criminal law was becoming more focused during this period as a result of doctrinal exposition in the inns of court and occasional reports of trials. After major conflicts with the Church, major adjustments were made to the benefit of clergy, and the privilege of sanctuary was all but abolished. The volume examines the law of persons in detail, addressing the impact of the abolition of monastic status, the virtual disappearance of villeinage, developments in the law of corporations, and some remarkable statements about the equality of women. The history of private law during this period is dominated by real property and particularly the Statutes of Uses and Wills (designed to protect the king's feudal income against the consequences of trusts) which are given a new interpretation. Leaseholders and copyholders came to be treated as full landowners with rights assimilated to those of freeholders. The land law of the time was highly sophisticated, and becoming more so, but it was only during this period that the beginnings of a law of chattels became discernible. There were also significant changes in the law of contract and tort, not least in the development of a satisfactory remedy for recovering debts.
Book Synopsis Male Friendship and Testimonies of Love in Shakespeare’s England by : Will Tosh
Download or read book Male Friendship and Testimonies of Love in Shakespeare’s England written by Will Tosh and published by Springer. This book was released on 2016-04-23 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Male Friendship and Testimonies of Love in Shakespeare’s England reveals the complex and unfamiliar forms of friendship that existed between men in the late sixteenth century. Using the unpublished letter archive of the Elizabethan spy Anthony Bacon (1558-1601), it shows how Bacon negotiated a path through life that relied on the support of his friends, rather than the advantages and status that came with marriage. Through a set of case-studies focusing on the Inns of Court, the prison, the aristocratic great house and the spiritual connection between young and ardent Protestants, this book argues that the ‘friendship spaces’ of early modern England permitted the expression of male same-sex intimacy to a greater extent than has previously been acknowledged.
Book Synopsis The Oxford History of the Laws of England: 1483-1558 by : John Hamilton Baker
Download or read book The Oxford History of the Laws of England: 1483-1558 written by John Hamilton Baker and published by Oxford University Press on Demand. This book was released on 2003 with total page 1115 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in 'The Oxford History of the Laws of England' covers the years 1483-1558, a period of immense social political, and intellectual changes which profoundly affected the law and its workings.
Book Synopsis Law, Politics and Society in Early Modern England by : Christopher W. Brooks
Download or read book Law, Politics and Society in Early Modern England written by Christopher W. Brooks and published by Cambridge University Press. This book was released on 2009-01-08 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.
Book Synopsis Reason of State by : Thomas M. Poole
Download or read book Reason of State written by Thomas M. Poole and published by Cambridge University Press. This book was released on 2015-07-20 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original work on the important idea of reason of state and British and imperial history and constitutional theory.
Book Synopsis The English Parliaments of Henry VII 1485-1504 by : P.R. Cavill
Download or read book The English Parliaments of Henry VII 1485-1504 written by P.R. Cavill and published by Oxford University Press. This book was released on 2009-08-13 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a ruler in Henry's vulnerable position, parliament helped to restore royal authority by securing the good governance that legitimated his regime. For his subjects, parliament served as a medium through which to communicate with the government & to shape, & on occasion criticize, its policies.
Book Synopsis British North America in the Seventeenth and Eighteenth Centuries by : Stephen Foster
Download or read book British North America in the Seventeenth and Eighteenth Centuries written by Stephen Foster and published by Oxford University Press. This book was released on 2016-11-10 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until relatively recently, the connection between British imperial history and the history of early America was taken for granted. In recent times, however, early American historiography has begun to suffer from a loss of coherent definition as competing manifestos demand various reorderings of the subject in order to combine time periods and geographical areas in ways that would have previously seemed anomalous. It has also become common place to announce that the history of America is best accounted for in America itself in a three-way melee between "settlers", the indigenous populations, and the forcibly transported African slaves and their creole descendants. The contributions to British North America in the Seventeenth and Eighteenth Centuries acknowledge the value of the historiographic work done under this new dispensation in the last two decades and incorporate its insights. However, the volume advocates a pluralistic approach to the subject generally, and attempts to demonstrate that the metropolitan power was of more than secondary importance to America in the seventeenth and eighteenth centuries. The central theme of this volume is the question "to what extent did it make a difference to those living in the colonies that made up British North America in the seventeenth and eighteenth centuries that they were part of an empire and that the empire in question was British?" The contributors, some of the leading scholars in their respective fields, strive to answer this question in various social, political, religious, and historical contexts.
Book Synopsis Natural Law in Court by : R. H. Helmholz
Download or read book Natural Law in Court written by R. H. Helmholz and published by Harvard University Press. This book was released on 2015-06-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.
Book Synopsis Mother Queens and Princely Sons by : S. Ray
Download or read book Mother Queens and Princely Sons written by S. Ray and published by Springer. This book was released on 2012-10-15 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study explores representations of the Madonna and Child in early modern culture. It considers the mother and son as a conceptual, religio-political unit and examines the ways in which that unit was embodied and performed. Of primary interest is the way mothers derived agency from bearing incipient rulers.
Book Synopsis The King's Felons by : Margaret McGlynn
Download or read book The King's Felons written by Margaret McGlynn and published by Oxford University Press. This book was released on 2023-03-03 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The King's Felons examines the subtle but intentional development of criminal confinement as an alternative to capital punishment in early Tudor England. As the judicial establishment looked for ways to enhance law and order without provoking political opposition, they increasingly turned to two traditional mitigations of criminal punishment: benefit of clergy and sanctuary. Often reviled as corrupt clerical rights which served to undermine secular authority and the rule of law, benefit of clergy and sanctuary in fact provided the justices with room to manoeuvre, allowing them to punish a larger number of felons less harshly while avoiding political scrutiny. The King's Felons explores the evolution of this approach over a period of sixty years, allowing us to see not only the internal development of both law and process, but the ways in which the judicial system responded to external pressures. The dissolution of the monasteries between 1536 and 1540, together with the steady erosion of the wealth and power of the bishops, meant that the institutional and financial foundations on which the justices built this system began to crumble as it was reaching fruition. Over the next two decades they scrambled, with limited success, to secure some small vestiges of the system they had built. The epilogue connects the state of the system in the aftermath of this collapse to our existing understanding of the system in the later part of the century. Providing the first detailed study of criminal justice in the early Tudor period, The King's Felons highlights the role of the Church in the administration of criminal justice and reframes our understanding of many significant acts of the Reformation parliament. This book is a must-read for students and scholars of Tudor history, legal historians and those interested in the role of the church with regard to politics, law, and crime.
Book Synopsis American Legal Education Abroad by : Susan Bartie
Download or read book American Legal Education Abroad written by Susan Bartie and published by NYU Press. This book was released on 2021-07-06 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of law.
Book Synopsis Machiavellian Encounters in Tudor and Stuart England by : Alessandro Arienzo
Download or read book Machiavellian Encounters in Tudor and Stuart England written by Alessandro Arienzo and published by Routledge. This book was released on 2016-05-13 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking into consideration the political and literary issues hanging upon the circulation of Machiavelli's works in England, this volume highlights how topics and ideas stemming from Machiavelli's books - including but not limited to the Prince - strongly influenced the contemporary political debate. The first section discusses early reactions to Machiavelli's works, focusing on authors such as Reginald Pole and William Thomas, depicting their complex interaction with Machiavelli. In section two, different features of Machiavelli's reading in Tudor literary and political culture are discussed, moving well beyond the traditional image of the tyrant or of the evil Machiavel. Machiavelli's historiography and republicanism and their influences on Tudor culture are discussed with reference to topical authors such as Walter Raleigh, Alberico Gentili, Philip Sidney; his role in contemporary dramatic writing, especially as concerns Christopher Marlowe and William Shakespeare, is taken into consideration. The last section explores Machiavelli's influence on English political culture in the seventeenth century, focusing on reason of state and political prudence, and discussing writers such as Henry Parker, Marchamont Nedham, James Harrington, Thomas Hobbes and Anthony Ascham. Overall, contributors put Machiavelli's image in sixteenth- and seventeenth-century England into perspective, analyzing his role within courtly and prudential politics, and the importance of his ideological proposal in the tradition of republicanism and parliamentarianism.
Book Synopsis The Lawyer-Judge Bias in the American Legal System by : Benjamin H. Barton
Download or read book The Lawyer-Judge Bias in the American Legal System written by Benjamin H. Barton and published by Cambridge University Press. This book was released on 2010-12-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
Book Synopsis The Oxford Handbook of English Law and Literature, 1500-1700 by : Lorna Hutson
Download or read book The Oxford Handbook of English Law and Literature, 1500-1700 written by Lorna Hutson and published by Oxford University Press. This book was released on 2017-06-15 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. Accordingly, historians, critics, and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive. They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire.
Book Synopsis The King Can Do No Wrong by : Marie-France Fortin
Download or read book The King Can Do No Wrong written by Marie-France Fortin and published by Oxford University Press. This book was released on 2024-07-13 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions. In the first dedicated monograph on the topic, Marie France-Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized. Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world.
