Crown Under Law

Crown Under Law PDF

Author: Alexander S. Rosenthal

Publisher: Lexington Books

Published: 2008

Total Pages: 362

ISBN-13: 9780739124147

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Crown under Law is an account of how and why the constitutional idea arose in early modern England. The book focuses on two figures: Richard Hooker and John Locke. Alexander S. Rosenthal characterizes Hooker as a transitional figure who follows the medieval natural law tradition even while laying the groundwork for Locke's political thought. The book challenges the influential interpretation of Locke by Leo Strauss (who saw Locke as a radical modernist) by illustrating the lines of continuity between Locke's argument in Two Treatises of Government and the earlier political tradition represented by Hooker. In the course of this intellectual history, Rosenthal explores the perennial themes of political philosophy: what is the origin of political authority, and what conditions render it legitimate? What is the nature of consent and representation? Who holds sovereignty within the state? What laws, if any, ought to bind the exercise of rule? By illustrating the often distinctive manner in which Hooker addresses the great questions, and how he powerfully affects later developments such as Locke's conception of the state, Rosenthal's Crown under Law establishes the important place of Richard Hooker in the history of political thought. Book jacket.

The Crown and the Courts

The Crown and the Courts PDF

Author: David C. Flatto

Publisher: Harvard University Press

Published: 2020-11-10

Total Pages: 380

ISBN-13: 0674249585

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A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers. The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born. During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance. The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.

The Law and Custom of the Constitution

The Law and Custom of the Constitution PDF

Author: Sir William Reynell Anson

Publisher: Palala Press

Published: 2015-09-21

Total Pages: 326

ISBN-13: 9781343388024

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

A Treatise of the Pleas of the Crown

A Treatise of the Pleas of the Crown PDF

Author: Edward Hyde East

Publisher: The Lawbook Exchange, Ltd.

Published: 2004

Total Pages: 1196

ISBN-13: 1584773847

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Originally published: New York: New York University Press, 1956. x, 438 pp. The work consists of the papers delivered by participants in the conference sponsored by the New York University Institute of Comparative Law to honor the 150th anniversary of the French Civil Code, which was the largest public celebration of the event in the legal world. The papers deal with the influence of the Code upon common-law countries in their efforts to manage statute and case law and gives examples of modern attempts at restatement of the law and uniform state laws as examples of the effect of the Code's coherence and logic. The papers were given by notable legal scholars such as Benjamin Akzin, Ren Cassin, C.J. Friedrich, Arthur von Mehren, Roscoe Pound, Thibadeau Rinfret, Max Rheinstein, Angelo Piero Sereni, Jack Bernard Tate and Arthur T. Vanderbilt. At the time of these lectures Schwartz was Director of the Institute. Includes a bibliography by Julius J. Marke. Reprint of the first edition. BERNARD SCHWARTZ 1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including French Administrative Law and the Common-Law World (1954, reprinted 2006), the five-volume Commentary on the Constitution of the United States (1963-1968), Constitutional Law: A d104book (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).

A Treatise on the Law of the Prerogatives of the Crown; and the Relative Duties and Rights of the Subject

A Treatise on the Law of the Prerogatives of the Crown; and the Relative Duties and Rights of the Subject PDF

Author: Joseph Chitty

Publisher: Theclassics.Us

Published: 2013-09

Total Pages: 180

ISBN-13: 9781230221755

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1820 edition. Excerpt: ... ACT OF PARLIAMENT. Pajr Prerogative copyright in..... 239 What binds crownt--(See Statutes.) ACTIONS. What actions king may maintain... 245 May sue where he pleases... ibid. King and subject joining in an action, 245, 6 May abate for subject and stand as to king.. 246 King cannot be sued by action, and why?, 339, 40 ADMIRALTY. King bound by judicial sale in Admiralty Court--(See Court Offices.) 226 AFFIDAVIT. To obtain extent, &c.--(See Extents.)... 322 Requisite to obtain ne exeat regno.... 23 ALDERMAN. King may exempt a person from being elected. 20 AJLDERNEY, Isle of. Prerogative as to 28 AXLEGIANCE. ALLEGIANCE. Page Oaths of, Form of..16 By whom to be administered Two justices of the peace...17 By any one appointed by the privy council. ibid Or by commissioner under great seal.. ibid. To be taken by every person admitted into any public office, &c...... ibid. To be administered te members of the Universities the age of 18 years.... ibid. Also to preacher and teachers of separate congregations ibid. Refusal to take it to be certified to the next quarter-ses-sions..... ibid. Refusal to take disqualifies fdr holding any office, &c. 18 ALIENATIONS. Though voluntary by crown debtor before crown lien good..... 298 ALIENS. "Who are?--'(See Natural-born subject.).. 13 Owe allegiance, when--(See Allegiance.).. 12,13 Naturalization of.--(See Naturalization.).. 14,15 Prerogative on their purchasing or holding lands 229, 30 Granting the lands to their relations, &c.... 235 Cannot take lands by descent.--(Vide Esclieat.). 228, 9 Inquisition when necessary to entitle King to his lands 249 Pardon of, under what words...100 Alien may come into the country without licence, but semble Crown may order them out.. 49 King may prevent ingress or egress of...

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