Origins of Legislative Sovereignty and the Legislative State

Origins of Legislative Sovereignty and the Legislative State PDF

Author: A. London Fell

Publisher: Bloomsbury Publishing USA

Published: 2004-07-30

Total Pages: 483

ISBN-13: 0313085366

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This first book of the sixth volume centers on the Revolutionary and Constitutional eras in early American history, while also carrying the story ahead into the early 19th century. How did the American founders adapt and utilize European thought in their political and legal ideas on sovereignty, state, and legislation? Because of the seismic impact of European thought (and classical traditions) on America's foremost founders, it should come as no surprise that some of the most basic documents in the emergent new Republic were significantly influenced by European writings. Subsequent studies will take up the same basic themes in American thought and events from the mid-19th century to the present period. The common denominator of legislation is seen to underlie their concepts of sovereignty and the state across a diverse range of isms such as utilitarianism, positivism, idealism, socialism, and nationalism, in the 19th century and in related neo and anti-neo forms in the 20th century. The organization and classification of these and other issues is on the whole novel and comprehensive. As various reviewers have indicated, nothing of this magnitude on the subjects at hand has ever before been attempted.

The Prince and the Law, 1200-1600

The Prince and the Law, 1200-1600 PDF

Author: Kenneth Pennington

Publisher: Univ of California Press

Published: 2023-12-22

Total Pages: 760

ISBN-13: 0520913035

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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.

Medieval Sovereignty

Medieval Sovereignty PDF

Author: Francesco Maiolo

Publisher: Eburon Uitgeverij B.V.

Published: 2007

Total Pages: 342

ISBN-13: 9059720814

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Medieval Sovereignty examines the idea of sovereignty in the Middle Ages and asks if it can be considered a fundamental element of medieval constitutional order. Francesco Maiolo analyzes the writings of Marsilius of Padua (1275/80-1342/43) and Bartolous of Saxoferrato (1314-57) and assesses their relative contributions as early proponents of popular sovereignty. Both are credited with having provided the legal justification for medieval popular government. Maiolo's cogent reconsideration of this primacy is an important addition to current medieval studies.

Competing Sovereignties

Competing Sovereignties PDF

Author: Richard Joyce

Publisher: Routledge

Published: 2012-08-21

Total Pages: 298

ISBN-13: 1136294953

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Competing Sovereignties provides a critique of the concept of sovereignty in modernity in light of claims to determine the content of law at the international, national and local levels. In an argument that is illustrated through an analysis of debates over the control of intellectual property law in India, Richard Joyce considers how economic globalization and the claims of indigenous communities do not just challenge national sovereignty - as if national sovereignty is the only kind of sovereignty - but in fact invite us to challenge our conception of what sovereignty ‘is’. Combining theoretical research and reflection with an analysis of the legal, institutional and political context in which sovereignties 'compete', the book offers a reconception of modern sovereignty - and, with it, a new appreciation of the complex issues surrounding the relationship between international organisations, nation states and local and indigenous communities.

Publishing The Prince

Publishing The Prince PDF

Author: Jacob Soll

Publisher: University of Michigan Press

Published: 2010-03-11

Total Pages: 216

ISBN-13: 0472025287

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As new ideas arose during the Enlightenment, many political thinkers published their own versions of popular early modern "absolutist" texts and transformed them into manuals of political resistance. As a result, these works never achieved a fixed and stable edition. Publishing The Prince illustrates how Abraham-Nicolas Amelot de La Houssaye created the most popular late seventeenth- and eighteenth-century version of Machiavelli's masterpiece. In the process of translating, Amelot also transformed the work, altering its form and meaning, and his ideas spread through later editions. Revising the orthodox schema of the public sphere in which political authority shifted away from the crown with the rise of bourgeois civil society in the eighteenth century, Soll uses the example of Amelot to show for the first time how the public sphere in fact grew out of the learned and even royal libraries of erudite scholars and the bookshops of subversive, not-so-polite publicists of the republic of letters. Jacob Soll is Associate Professor of History at Rutgers University. Cover art courtesy of Annenberg Rare Book Room and Manuscript Library, University of Pennsylvania Jacket Design: Stephanie Milanowski "Jacob Soll traces the origins of Enlightenment criticism to the practices of learned humanists and hard-pressed literary entrepreneurs. This learned and lively book is also a tour de force of historical research and interpretation." ---Anthony Grafton, author of Cardano's Cosmos and Bring Out Your Dead "Brilliant. How the printed page changed political philosophy into investigative reporting, and reason of state into the unmasking of power." ---J. G. A. Pocock, author of The Machiavellian Moment "Soll's path-breaking study is a 'must read' for all those interested in the history of political thought and early modern intellectual history." ---Barbara Shapiro, University of California Berkeley "Soll has done [Amelot] and his context justice, writing as he does with a clear, singular, and welcome voice." ---Margaret C. Jacobs, American Historical Review

The Theater of Nature

The Theater of Nature PDF

Author: Ann Blair

Publisher: Princeton University Press

Published: 2017-03-14

Total Pages: 397

ISBN-13: 140088750X

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The Theater of Nature is histoire totale of the last work of the political philosopher Jean Bodin, his Universae naturae theatrum (1596). Through Bodin's work, Ann Blair explores the fascinating and previously little known world of late Renaissance natural philosophy. A study of the text, of its context (through comparisons with different genres of natural philosophy and works entitled "Theater"), and of its reception in the seventeenth century highlights above all the religious motivations, encyclopedic ambitions, and bookish methods characterizing much of late Renaissance science. Amid the religious crisis and the explosion of knowledge in the late sixteenth century, natural philosophy offered grounds for consensus across religious divides and a vast collection of useful and pleasant information, admired for both its order and its variety. The commonplace book provided a versatile tool for gathering and sorting bits of natural knowledge garnered from a wide array of bookish sources and "experience,'' fueling a vigorous cycle of text-based science at least through the mid-seventeenth century. The miscellaneous genre of the problemata into which Bodin's text was adapted attracted more popular audiences until even later. To place the Theatrum in its cultural context is also to reveal more clearly the peculiarities of Bodin's philosophical project in this, its final expression. He combined arguments from reason, experience, and authority to undermine traditional Aristotelian conclusions and proposed instead a natural philosophy based on pious, often biblical, solutions. Originally published in 1997. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

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