Origins of Legislative Sovereignty and the Legislative State

Origins of Legislative Sovereignty and the Legislative State PDF

Author: A. London Fell

Publisher: Praeger

Published: 1983

Total Pages: 0

ISBN-13: 027593974X

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This book is the fourth in a projected eight-volume series that addresses the origins and development of the idea of legislative sovereignty and the legislative state. A. London Fell's study, which traces ideas and contributions from the Renaissance thinker and legal scholar Corasius to the present, has been praised by such scholars as J. Russell Major in American Historical Review and Dennis M. Patterson in The American Political Science Review. In this volume, the focus is on ancient, medieval, and early modern Europe, as Fell charts the overall patterns of historiographical debates in modern discussion on the origins of legislation, public law, sovereignty, and the state. The work begins with a brief introduction, and is followed by six sections that cover the different periods and geographical aspects of the topic from a historiographical perspective. Section one proceeds chronologically throughout the entire spectrum of early Europe, from the ancient and medieval periods, through the Renaissance and Reformation, to post-sixteenth-century developments. In each case, the theories that attribute the origins of state to that period are thoroughly examined. In sections two through six, the study proceeds on a nation-by-nation basis, focusing in each case first on the Middle Ages and then on the Renaissance. The nations covered include Italy, France, England, Germany, Spain, and the Netherlands. The study concludes with a summary chapter, followed by a series of supplemental bibliographical essays that serve as an appendix to the first four volumes. Like the previous volumes in the series, this work is a substantial contribution to the study of jurisprudence and political theory, and will be an important reference source for students and professors of history, law, and political science, as well as philosophy.

Origins of Legislative Sovereignty and the Legislative State

Origins of Legislative Sovereignty and the Legislative State PDF

Author: A. London Fell

Publisher: Praeger

Published: 1991-03-25

Total Pages: 0

ISBN-13: 9780275939748

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This book is the fourth in a projected eight-volume series that addresses the origins and development of the idea of legislative sovereignty and the legislative state. A. London Fell's study, which traces ideas and contributions from the Renaissance thinker and legal scholar Corasius to the present, has been praised by such scholars as J. Russell Major in American Historical Review and Dennis M. Patterson in The American Political Science Review. In this volume, the focus is on ancient, medieval, and early modern Europe, as Fell charts the overall patterns of historiographical debates in modern discussion on the origins of legislation, public law, sovereignty, and the state. The work begins with a brief introduction, and is followed by six sections that cover the different periods and geographical aspects of the topic from a historiographical perspective. Section one proceeds chronologically throughout the entire spectrum of early Europe, from the ancient and medieval periods, through the Renaissance and Reformation, to post-sixteenth-century developments. In each case, the theories that attribute the origins of state to that period are thoroughly examined. In sections two through six, the study proceeds on a nation-by-nation basis, focusing in each case first on the Middle Ages and then on the Renaissance. The nations covered include Italy, France, England, Germany, Spain, and the Netherlands. The study concludes with a summary chapter, followed by a series of supplemental bibliographical essays that serve as an appendix to the first four volumes. Like the previous volumes in the series, this work is a substantial contribution to the study of jurisprudence and political theory, and will be an important reference source for students and professors of history, law, and political science, as well as philosophy.

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.

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.

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.