Download or read book The Glorious Revolution and the Continuity of Law written by Richard S. Kay and published by CUA Press. This book was released on 2014-11-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.
Download or read book Providence Lost written by Paul Lay and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A compelling and wry narrative of one of the most intellectually thrilling eras of British history' Guardian. ***************** SHORTLISTED FOR THE CUNDILL HISTORY PRIZE 2020 England, 1651. Oliver Cromwell has defeated his royalist opponents in two civil wars, executed the Stuart king Charles I, laid waste to Ireland, and crushed the late king's son and his Scottish allies. He is master of Britain and Ireland. But Parliament, divided between moderates, republicans and Puritans of uncompromisingly millenarian hue, is faction-ridden and disputatious. By the end of 1653, Cromwell has become 'Lord Protector'. Seeking dragons for an elect Protestant nation to slay, he launches an ambitious 'Western Design' against Spain's empire in the New World. When an amphibious assault on the Caribbean island of Hispaniola in 1655 proves a disaster, a shaken Cromwell is convinced that God is punishing England for its sinfulness. But the imposition of the rule of the Major-Generals – bureaucrats with a penchant for closing alehouses – backfires spectacularly. Sectarianism and fundamentalism run riot. Radicals and royalists join together in conspiracy. The only way out seems to be a return to a Parliament presided over by a king. But will Cromwell accept the crown? Paul Lay narrates in entertaining but always rigorous fashion the story of England's first and only experiment with republican government: he brings the febrile world of Oliver Cromwell's Protectorate to life, providing vivid portraits of the extraordinary individuals who inhabited it and capturing its dissonant cacophony of political and religious voices. ***************** Reviews: 'Briskly paced and elegantly written, Providence Lost provides us with a first-class ticket to this Cromwellian world of achievement, paradox and contradiction. Few guides take us so directly, or so sympathetically, into the imaginative worlds of that tumultuous decade' John Adamson, The Times. 'Providence Lost is a learned, lucid, wry and compelling narrative of the 1650s as well as a sensitive portrayal of a man unravelled by providence' Jessie Childs, Guardian.
Download or read book The Sovereignty of Parliament written by Jeffrey Denys Goldsworthy and published by . This book was released on 2001 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Revolution written by Nimer Sultany and published by Oxford University Press. This book was released on 2017-11-24 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. It urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power. With a new preface from the author addressing developments in the Arab Spring.
Download or read book The Glorious Revolution written by Edward Vallance and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A swashbuckling re-examination of a forgotten moment in British history by a richly talented young historian." Daily Telegraph"
Download or read book Law and the Whirligig of Time written by Stephen Sedley and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over 30 years, first as a QC, then as a judge, and latterly as a visiting professor of law at Oxford, Stephen Sedley has written and lectured about aspects of the law that do not always get the attention they deserve. His first anthology of essays, Ashes and Sparks, was praised in the New York Times by Ian McEwan for its 'exquisite, finely balanced prose, the prickly humour, the knack of artful quotation and an astonishing historical grasp'. 'You could have no interest in the law,' McEwan wrote, 'and read his book for pure intellectual delight.' The present volume contains more recent articles by Stephen Sedley on the law, many of them from the London Review of Books, and lectures given to a variety of audiences. The first part is concerned with law as part of history - Feste's 'whirligig of time'; the second part with law and rights. The third part is a group of biographical and critical pieces on a number of figures from the legal and musical worlds. The final part is more personal, going back to the author's days at the bar, and then forward to some parting reflections.
Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Download or read book In a Defiant Stance written by John P. Reid and published by Penn State Press. This book was released on 2010-11-01 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The minimum of violence accompanying the success of the American Revolution resulted in large part, argues this book, from the conditions of law the British allowed in the American colonies. By contrast, Ireland's struggle for independence was prolonged, bloody, and bitter largely because of the repressive conditions of law imposed by Britain. Examining the most rebellious American colony, Massachusetts Bay, Professor Reid finds that law was locally controlled while imperial law was almost nonexistent as an influence on the daily lives of individuals. In Ireland the same English common law, because of imperial control of legal machinery, produced an opposite result. The Irish were forced to resort to secret, underground violence. The author examines various Massachusetts Bay institutions to show the consequences of whig party control, in contrast to the situation in 18th-century Ireland. A general conclusion is that law, the conditions of positive law, and the matter of who controls the law may have more significant effects on the course of events than is generally assumed.
Download or read book Law and the Rise of Capitalism written by Michael Tigar and published by NYU Press. This book was released on 2000-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.
Download or read book Anatomies of Revolution written by George Lawson and published by Cambridge University Press. This book was released on 2019-07-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive account of how revolutions begin, unfold and end, featuring a wide range of cases from across modern world history. Drawing on international relations, sociology, and global history, Lawson outlines the benefits of a 'global historical sociology' of revolutionary change, in which international processes take centre stage.
Download or read book New Englander and Yale Review written by Edward Royall Tyler and published by . This book was released on 1849 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions written by Eva Steiner and published by Springer. This book was released on 2015-05-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.
Download or read book New Englander and Yale Review written by and published by . This book was released on 1849 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book English Legal Histories written by Ian Ward and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: English Legal Histories is an exciting and innovative approach to the study of English law. Written in an accessible style intended for students as well as a broader audience, it takes the reader beyond the narrower confines of legal doctrines and cases, and invites them to consider the myriad contexts within which English law has been shaped: the politics, the economics, the art, the poetry. Reaching from the Reformation through to the age of Reform, it tells stories, the 'histories', of English law. Histories of the constitution and government, of crime and contracts, tort and trespass, property and equity. Of the people who made that law, those who wrote it, and those who suffered it. For it is in the end a human story, of justice and injustice, of success and failure, good luck and bad. The law is full of statutes and instruments, cases and precedent, but its history is full of people and peculiarity. Which is what, of course, makes it so endlessly fascinating.
Download or read book The Founding of Modern States written by Richard Franklin Bensel and published by Cambridge University Press. This book was released on 2022-11-03 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Founding of Modern States is a bold comparative work that examines the rise of the modern state through six case studies of state formation. The book opens with an analysis of three foundings that gave rise to democratic states in Britain, the United States, and France and concludes with an evaluation of three formations that birthed non-democratic states in the Soviet Union, Nazi Germany, and the Islamic Republic of Iran. Through a comparative analysis of these governments, the book argues that new state formations are defined by a metaphysical conception of a “will of the people” through which the new state is ritually granted sovereignty. The book stresses the paradoxical nature of modern foundings, characterized by “mythological imaginations,” or the symbolic acts and rituals upon which a state is enabled to secure political and social order. An extensive study of some of the most important events in modern history, this book offers readers novel interpretations that will disrupt common narratives about modern states and the state of our modern world.
