Law and Authority in British Legal History, 1200-1900

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ISBN 10 : 1316487687
Pages : 360 pages
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Summary Book Review Law and Authority in British Legal History, 1200-1900 :

Download or read book Law and Authority in British Legal History, 1200-1900 written by Mark Godfrey and published by . This book was released on 2016 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars discuss how changing ideas of law and authority were embedded in the historical development of British legal systems.

Law and Authority in British Legal History, 1200-1900: The judicial interpretation of legislation in later thirteenth- and early fourteenth-century England Paul Brand; 2. The authority of Parliament and the scope of the Statute of Uses 1536 N.G. Jones; 3. Developing a prerogative theory for the authority of the Chancery: the French connection Ian Williams; 4. Authority and precedent David Ibbetson; 5. Legislation and authority in early modern Scotland Andrew Simpson; 6. The sources of early Scots consistorial law: reflections on law, authority and jurisdiction during the Scottish Reformation Thomas Green; 7. Conciliar authority and equitable jurisdiction in early modern Scotland J.D. Ford; 8. Legal authorities as instruments of conflict management: the long endgame of Anglo-Hanseatic relations (1474-1603) Alain Wijffels; 9. History and the justification of governmental authority and individual rights in the age of John Locke and Samuel Pufendorf Andreas Thier; 10. The commissioners for claims on France and the case of the Baron de Bode, 1815-1861 Michael Lobban; 11. The authority of law in a bureaucratic framework: the nineteenth-century medicine stamp duty Chantal Stebbings; 12. The authority of treatises in English law, 1800-1936 Stephen Waddams; 13. Maitland and Austin: legal history and legal thought in the late nineteenth century John Hudson

Download Law and Authority in British Legal History, 1200-1900: The judicial interpretation of legislation in later thirteenth- and early fourteenth-century England Paul Brand; 2. The authority of Parliament and the scope of the Statute of Uses 1536 N.G. Jones; 3. Developing a prerogative theory for the authority of the Chancery: the French connection Ian Williams; 4. Authority and precedent David Ibbetson; 5. Legislation and authority in early modern Scotland Andrew Simpson; 6. The sources of early Scots consistorial law: reflections on law, authority and jurisdiction during the Scottish Reformation Thomas Green; 7. Conciliar authority and equitable jurisdiction in early modern Scotland J.D. Ford; 8. Legal authorities as instruments of conflict management: the long endgame of Anglo-Hanseatic relations (1474-1603) Alain Wijffels; 9. History and the justification of governmental authority and individual rights in the age of John Locke and Samuel Pufendorf Andreas Thier; 10. The commissioners for claims on France and the case of the Baron de Bode, 1815-1861 Michael Lobban; 11. The authority of law in a bureaucratic framework: the nineteenth-century medicine stamp duty Chantal Stebbings; 12. The authority of treatises in English law, 1800-1936 Stephen Waddams; 13. Maitland and Austin: legal history and legal thought in the late nineteenth century John Hudson PDF

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ISBN 10 : 1316402797
Pages : 343 pages
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Summary Book Review Law and Authority in British Legal History, 1200-1900: The judicial interpretation of legislation in later thirteenth- and early fourteenth-century England Paul Brand; 2. The authority of Parliament and the scope of the Statute of Uses 1536 N.G. Jones; 3. Developing a prerogative theory for the authority of the Chancery: the French connection Ian Williams; 4. Authority and precedent David Ibbetson; 5. Legislation and authority in early modern Scotland Andrew Simpson; 6. The sources of early Scots consistorial law: reflections on law, authority and jurisdiction during the Scottish Reformation Thomas Green; 7. Conciliar authority and equitable jurisdiction in early modern Scotland J.D. Ford; 8. Legal authorities as instruments of conflict management: the long endgame of Anglo-Hanseatic relations (1474-1603) Alain Wijffels; 9. History and the justification of governmental authority and individual rights in the age of John Locke and Samuel Pufendorf Andreas Thier; 10. The commissioners for claims on France and the case of the Baron de Bode, 1815-1861 Michael Lobban; 11. The authority of law in a bureaucratic framework: the nineteenth-century medicine stamp duty Chantal Stebbings; 12. The authority of treatises in English law, 1800-1936 Stephen Waddams; 13. Maitland and Austin: legal history and legal thought in the late nineteenth century John Hudson :

Download or read book Law and Authority in British Legal History, 1200-1900: The judicial interpretation of legislation in later thirteenth- and early fourteenth-century England Paul Brand; 2. The authority of Parliament and the scope of the Statute of Uses 1536 N.G. Jones; 3. Developing a prerogative theory for the authority of the Chancery: the French connection Ian Williams; 4. Authority and precedent David Ibbetson; 5. Legislation and authority in early modern Scotland Andrew Simpson; 6. The sources of early Scots consistorial law: reflections on law, authority and jurisdiction during the Scottish Reformation Thomas Green; 7. Conciliar authority and equitable jurisdiction in early modern Scotland J.D. Ford; 8. Legal authorities as instruments of conflict management: the long endgame of Anglo-Hanseatic relations (1474-1603) Alain Wijffels; 9. History and the justification of governmental authority and individual rights in the age of John Locke and Samuel Pufendorf Andreas Thier; 10. The commissioners for claims on France and the case of the Baron de Bode, 1815-1861 Michael Lobban; 11. The authority of law in a bureaucratic framework: the nineteenth-century medicine stamp duty Chantal Stebbings; 12. The authority of treatises in English law, 1800-1936 Stephen Waddams; 13. Maitland and Austin: legal history and legal thought in the late nineteenth century John Hudson written by Mark Godfrey (Law teacher) and published by . This book was released on 2016 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: "By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, religion, political legitimacy, the nature of law, equity and judicial interpretation. The analysis also encompasses ideas of authority which influenced the development of courts, remedies and jurisdictions, international aspects of legal authority when questions of foreign law or jurisdiction arose in British courts, the wider authority of systems of legal ideas such as natural law, the authority of legal treatises, and the relationship between history, law and legal thought"--

Law and Authority in British Legal History, 1200–1900

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Publisher : Cambridge University Press
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Language : EN, FR, GB
ISBN 10 : 9781316483381
Pages : 343 pages
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Rating : 4.3/5 (164 users download)


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Summary Book Review Law and Authority in British Legal History, 1200–1900 :

Download or read book Law and Authority in British Legal History, 1200–1900 written by Mark Godfrey and published by Cambridge University Press. This book was released on 2016-04-07 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, religion, political legitimacy, the nature of law, equity and judicial interpretation. The analysis also encompasses ideas of authority which influenced the development of courts, remedies and jurisdictions, international aspects of legal authority when questions of foreign law or jurisdiction arose in British courts, the wider authority of systems of legal ideas such as natural law, the authority of legal treatises, and the relationship between history, law and legal thought.

Introduction to English Legal History

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Publisher : Oxford University Press
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ISBN 10 : 9780192540737
Pages : 736 pages
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Summary Book Review Introduction to English Legal History :

Download or read book Introduction to English Legal History written by John Baker and published by Oxford University Press. This book was released on 2019-03-21 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.

Scottish Legal History

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Publisher : Edinburgh University Press
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ISBN 10 : 9780748697427
Pages : 396 pages
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Rating : 4.7/5 (486 users download)


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Summary Book Review Scottish Legal History :

Download or read book Scottish Legal History written by Andrew R. C. Simpson and published by Edinburgh University Press. This book was released on 2017-07-07 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:

English Legal History and its Sources

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Publisher : Cambridge University Press
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ISBN 10 : 9781108483063
Pages : 420 pages
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Summary Book Review English Legal History and its Sources :

Download or read book English Legal History and its Sources written by David Ibbetson and published by Cambridge University Press. This book was released on 2019 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Festschrift in honour of Professor Sir John Baker, presented by leading scholars on the sources of English legal history.

The Oxford Handbook of European Legal History

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Publisher : Oxford University Press
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ISBN 10 : 9780191088384
Pages : 1264 pages
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Summary Book Review The Oxford Handbook of European Legal History :

Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-07-04 with total page 1264 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Common Law, Civil Law, and Colonial Law

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Publisher : Cambridge University Press
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ISBN 10 : 9781108845274
Pages : 278 pages
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Summary Book Review Common Law, Civil Law, and Colonial Law :

Download or read book Common Law, Civil Law, and Colonial Law written by William Eves and published by Cambridge University Press. This book was released on 2021-04-15 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.

Equity in Early Modern Legal Scholarship

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Publisher : BRILL
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ISBN 10 : 9789004404816
Pages : 256 pages
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Summary Book Review Equity in Early Modern Legal Scholarship :

Download or read book Equity in Early Modern Legal Scholarship written by Lorenzo Maniscalco and published by BRILL. This book was released on 2020-07-20 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity in Early Modern Legal Scholarship offers a comprehensive account of the development of equity by legal writers in the early modern period, unearthing a time of lively debate about its nature and function.

Landmark Cases in Revenue Law

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Publisher : Bloomsbury Publishing
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ISBN 10 : 9781509912278
Pages : 496 pages
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Summary Book Review Landmark Cases in Revenue Law :

Download or read book Landmark Cases in Revenue Law written by John Snape and published by Bloomsbury Publishing. This book was released on 2019-01-10 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an important addition to the series, this book tells the story of 20 leading revenue law cases. It goes well beyond technical analysis to explore questions of philosophical depth, historical context and constitutional significance. The editors have assembled a stellar team of tax scholars, including historians as well as lawyers, practitioners as well as academics, to provide a wide range of fresh perspectives on familiar and unfamiliar decisions. The whole collection is prefaced by the editors' extended introduction on the peculiar significance of case-law in revenue matters. This publication is a thought provoking and engaging showcase of tax writing that is accessible equally to specialists and non-specialists.

Law and Society in England 1750-1950

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Publisher : Bloomsbury Publishing
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ISBN 10 : 9781509931255
Pages : 672 pages
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Summary Book Review Law and Society in England 1750-1950 :

Download or read book Law and Society in England 1750-1950 written by William Cornish and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.

Theaters of Pardoning

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Publisher : Cornell University Press
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ISBN 10 : 9781501739392
Pages : 324 pages
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Summary Book Review Theaters of Pardoning :

Download or read book Theaters of Pardoning written by Bernadette Meyler and published by Cornell University Press. This book was released on 2019-09-15 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. In Theaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty. Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford's The Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the "Act of Oblivion," for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.

English Law Under Two Elizabeths

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Publisher : Cambridge University Press
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ISBN 10 : 9781108944137
Pages : pages
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Summary Book Review English Law Under Two Elizabeths :

Download or read book English Law Under Two Elizabeths written by Sir John Baker and published by Cambridge University Press. This book was released on 2021-01-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative legal history is generally understood to involve the comparison of legal systems in different countries. This is an experiment in a different kind of comparison. The legal world of the first Elizabethans is separated from that of today by nearly half a millennium. But the past is not a wholly different country. The common law is still, in an organic sense, the same common law as it was in Tudor times and Parliament is legally the same Parliament. The concerns of Tudor lawyers turn out to resonate with those of the present and this book concentrates on three of them: access to justice, in terms of both cost and public awareness; the respective roles of common law and legislation; and the means of protecting the rule of law through the courts. Central to the story is the development of judicial review in the time of Elizabeth I.

Equity and Law

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Publisher : Cambridge University Press
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ISBN 10 : 9781108421317
Pages : 484 pages
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Summary Book Review Equity and Law :

Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-07-31 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

The Oxford Handbook of English Law and Literature, 1500-1700

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Publisher : Oxford University Press
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ISBN 10 : 9780191081972
Pages : 650 pages
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Summary Book Review The Oxford Handbook of English Law and Literature, 1500-1700 :

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.

Parliament and Convention in the Personal Rule of James V of Scotland, 1528-1542

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Publisher : Springer Nature
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ISBN 10 : 9783030893774
Pages : 366 pages
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Summary Book Review Parliament and Convention in the Personal Rule of James V of Scotland, 1528-1542 :

Download or read book Parliament and Convention in the Personal Rule of James V of Scotland, 1528-1542 written by Amy Blakeway and published by Springer Nature. This book was released on 2022 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, based on a fresh understanding of Scottish governmental records rooted in extensive archival research, offers the first study of these important institutions in a period of revived royal authority. The regime which emerges from these records is one which understood the power of consultation, adroitly using a range of groups from full parliaments to conventions of specialists and experts selected to deal with the matter in hand. Policies were crafted through not one single meeting but several types of gathering, ranging from small groups when secrecy was of the essence or complex details required to be hammered out, to elaborate large gatherings when the regime employed a performative strategy to disseminate information or legitimise its policies. Still more impressively, much of this was managed in the Kings absence James remained at a distance from many of these gatherings, relying on key officials such as the Chancellor or Clerk Register to relay counsel and the royal will. This emphasis on specialised, frequent consultation reflects concurrent developments in the council, whilst relocating debate surrounding the development of state and administrative structures in Scotland traditionally located in the late sixteenth-century into the 1530s. In tackling the development of parliament in Scotland and placing it in its proper context amongst many different forms of consultative meeting this book also speaks to subjects of European-wide concern: how far early modern Parliaments were used to impose or resist religious change, the pace of state formation, monarchical power and relations between monarchs and their subjects. Amy Blakeway is Lecturer in Scottish History at the University of St Andrews, UK. She is the author of Regency in Sixteenth-Century Scotland (2015) and has published articles in the English Historical Review, History, the Historical Journal, and the Economic History Review.

Morality and Responsibility of Rulers

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Publisher : Oxford University Press
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ISBN 10 : 9780191649011
Pages : 550 pages
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Summary Book Review Morality and Responsibility of Rulers :

Download or read book Morality and Responsibility of Rulers written by Anthony Carty and published by Oxford University Press. This book was released on 2018-02-09 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of ideas on rule of law for world order is a fascinating one, as revealed in this comparative study of both Eastern and Western traditions. This book discerns 'rule of law as justice' conceptions alternative to the positivist conceptions of the liberal internationalist rule of law today. The volume begins by revisiting early-modern European roots of rule of law for world order thinking. In doing so it looks to Northern Humanism and to natural law, in the sense of justice as morally and reasonably ordered self-discipline. Such a standard is not an instrument of external monitoring but of self-reflection and self-cultivation. It then considers whether comparable concepts exist in Chinese thought. Inspired by Confucius and even Laozi, the Chinese official and intellectual elite readily imagined that international law was governed by moral principles similar to their own. A series of case studies then reveals the dramatic change after the East-West encounters from the 1860s until after 1901, as Chinese disillusionment with the Hobbesian positivism of Western international law becomes ever more apparent. What, therefore, are the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs? Considering the obstacles which stand in the way of this, both East and West, this book reaches the conclusion that everything is possible even in a world dominated by state bureaucracies and late capitalist postmodernism. The rational, ethical spirit is universal.