Download or read book The Agitation for Law Reform during the Puritan Revolution 1640 1660 written by Stuart E. Prall and published by Springer. This book was released on 2012-12-06 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout this essay all dates are given in New Style. When pamphlets were originally dated Old Style, the new date has been substituted. In all quotations the original seventeenth-century spelling has been retained. A "sic" is placed in the quotation only where it appears to be certain that there has been a misprint in the original. I want to express my sincere gratitude to the late Professor Garrett Mattingly of Columbia University for his inspiration and guidance during the years spent under his sponsorship. It was a rare privilege to study under him. Professor Sidney Burrell of Barnard College offered many constructive suggestions and I am most appreciative of the kind interest he took in the completion of this study. I also wish to thank the editors of The American Journal of Legal History for publishing some of my material on Chancery reform in their Journal. The staff of the North Library of the British Museum was most helpful in making available the many volumes of the Thomason Collection. Thanks are also due to the staff of the Library of Union Theological Seminary who helped in the location of materials from the McAlpin Collection.
Download or read book The Agitation for Law Reform During the Puritan Revolution 1640 1660 written by Stuart Edward Prall and published by . This book was released on 1966 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Reform in Early Modern England written by Barbara J Shapiro and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an illuminating commentary of law reform in the early modern era (1500–1740) and views the moves to improve law and legal institutions in the context of changing political and governmental environments. Taking a fresh look at law reform over several centuries, it explores the efforts of the king and parliament, and the body of literature supporting law reform that emerged with the growth of print media, to assess the place of the well-known attempts of the revolutionary era in the context of earlier and later movements. Law reform is seen as a long term concern and a longer time frame is essential to understand the 1640–1660 reform measures. The book considers two law reform movements: the moderate movement which had a lengthy history and whose chief supporters were the governmental and parliamentary elites, and which focused on improving existing law and legal institutions, and the radical reform movement, which was concentrated in the revolutionary decades and which sought to overthrow the common law, the legal profession and the existing system of courts. Informed by attention to the institutional difficulties in completing legislation, this highlights the need to examine particular parliaments. Although lawyers have often been seen as the chief obstacles to law reform, this book emphasises their contributions – particularly their role in legislation and in reforming the corpus of legal materials – and highlights the previously ignored reform efforts of Lord Chancellors.
Download or read book Discord in Zion written by Tai Liu and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the decline of the Whig interpretation of history, historians in the past few decades have re-examined the origins and the nature of the English Revolution from various perspectives. The constitutional conflict 1 between the crown and parliament has been analyzed. The Puritan mind 2 has been explored. Social change in England during the century prior 3 to the outbreak of the Civil War has been anatomized. The composition 4 of the Long Parliament has been dissected. Every student of the English Revolution is now well aware that the crisis in seventeenth-century Eng land, like all other major events in history, was a complex phenomenon in which men as well as ideas, religious convictions as well as economic interests all came into play. For all students of this period, the works of Samuel R. Gardiner, am plified by Sir Charles H. Firth, remain the chief source of knowledge and 1 It should be noted that while former historians from Hallam and Macaulay to G. M. Trevelyan and J R. Tanner all interpreted the English Revolution in terms of the constitution, recent historical scholarship in this respect is more concerned with the evolution and functioning of the constitution rather than the constitutional rights and wrongs of either party in the conflict. See Wallace Notestein, The Winning of the Initiative by the House of Commons (London, 1924); Margaret A.
Download or read book An Historical Introduction to Western Constitutional Law written by R. C. van Caenegem and published by Cambridge University Press. This book was released on 1995-03-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Professor van Caenegem's new book addresses fundamental questions of constitutional organisation: democracy versus autocracy, unitary versus federal organisation, pluralism versus intolerance, by analysing different models of constitutional government through an historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative which begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union. Special attention is devoted to the rise of the rule of law, and of constitutional, parliamentary, and federal forms of government. The epilogue discusses the future of liberal democracy as a universal model.
Download or read book Political Communication and Political Culture in England 1558 1688 written by Barbara J. Shapiro and published by Stanford University Press. This book was released on 2012-11-07 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book surveys the channels through which political ideas and knowledge were conveyed to the English people from the beginning of the reign of Elizabeth I to the Revolution of 1688. Shapiro argues that an assessment of English political culture requires an examination of all means by which this culture was expressed and communicated. While the discussion focuses primarily on genres such as the sermon, newsbook, poetry, and drama, it also considers the role of events and institutions. Shapiro is the first to explore and elucidate the entire web of communication in early modern English political life.
Download or read book The Puritan Revolution written by Stuart E. Prall and published by Routledge. This book was released on 2020-11-05 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1968, the documents collected in this volume (all re-set for ease of reading), trace the history of the Puritan Revolution from its roots in the early seventeenth century to the Restoration. They show how the causes and the course of the upheaval were reflected immediately and polemically in the torrent of books, tracts and pamphlets, letters, speeches, sermons, petitions, paper constitutions and government instruments that accompanied and often precipitated events. The documents substantiate the conviction of many scholars that the English Revolution represented a shaking of society comparable to the French and Russian revolutions. The Introduction discusses the work of historians of modern-day historians of the period and contributes to the debate about the underlying causes of the crisis.
Download or read book History of the Common Law written by John H. Langbein and published by Aspen Publishing. This book was released on 2009-08-14 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States.
Download or read book Law and People in Colonial America written by Peter Charles Hoffer and published by JHU Press. This book was released on 2019-11-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries used their intimacy with the law to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present, interpreting the meaning of precedent and of past legislation, the study of legal history is a vital part of every citizen's basic education. Taking advantage of rich new scholarship that goes beyond traditional approaches to view slavery as a fundamental cultural and social institution as well as an economic one, this second edition includes an extensive, entirely new chapter on colonial and revolutionary-era slave law. Law and People in Colonial America is a lively introduction to early American law. It makes for essential reading.
Download or read book Marriage Separation and Divorce in England 1500 1700 written by K. J. Kesselring and published by Oxford University Press. This book was released on 2022 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: England is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.
Download or read book By Birth or Consent written by Holly Brewer and published by UNC Press Books. This book was released on 2012-12-01 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: In mid-sixteenth-century England, people were born into authority and responsibility based on their social status. Thus elite children could designate property or serve in Parliament, while children of the poorer sort might be forced to sign labor contracts or be hanged for arson or picking pockets. By the late eighteenth century, however, English and American law began to emphasize contractual relations based on informed consent rather than on birth status. In By Birth or Consent, Holly Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. As it emerged through religious, political, and legal debates, the concept of meaningful consent challenged the older order of birthright and became central to the development of democratic political theory. The struggle over meaningful consent had tremendous political and social consequences, affecting the whole order of society. It granted new powers to fathers and guardians at the same time that it challenged those of masters and kings. Brewer's analysis reshapes the debate about the origins of modern political ideology and makes connections between Reformation religious debates, Enlightenment philosophy, and democratic political theory.
Download or read book Riot Rebellion and Popular Politics in Early Modern England written by Andy Wood and published by Bloomsbury Publishing. This book was released on 2017-04-20 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Riot, Rebellion and Popular Politics in Early Modern England reassesses the relationship between politics, social change and popular culture in the period c. 1520-1730. It argues that early modern politics needs to be understood in broad terms, to include not only states and elites, but also disputes over the control of resources and the distribution of power. Andy Wood assesses the history of riot and rebellion in the early modern period, concentrating upon: popular involvement in religious change and political conflict, especially the Reformation and the English Revolution; relations between ruler and ruled; seditious speech; popular politics and the early modern state; custom, the law and popular politics; the impact of literacy and print; and the role of ritual, gender and local identity in popular politics.
Download or read book Beyond Reasonable Doubt and Probable Cause written by Barbara J. Shapiro and published by Univ of California Press. This book was released on 2023-11-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.
Download or read book The Stuart Constitution 1603 1688 written by J. P. Kenyon and published by Cambridge University Press. This book was released on 1986-02-20 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1966, this text established itself as the standard work in 17th century English history in the course of time. The second edition includes a rewritten commentary and has been thoroughly revised and updated in several important areas.
Download or read book Faith and Order written by Harold J. Berman and published by Wm. B. Eerdmans Publishing. This book was released on 2000 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.
Download or read book Essays in the History of Early American Law written by David H. Flaherty and published by UNC Press Books. This book was released on 2014-01-01 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of outstanding essays in the history of early American law is designed to meet the demand for a basic introduction to the literature of colonial and early United States law. Eighteen essays from historical and legal journals by outstanding authorities explore the major themes in American legal history from colonial beginnings to the early nineteenth century. Originally published in 1969. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Download or read book The Fifth Monarchy Men written by Bernard Capp and published by Faber & Faber. This book was released on 2012-03-15 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Fifth Monarchy Men (Faber, 1972), Professor Capp places the movement in the context of the rise of millenarian thought in Europe from the Reformation and its rapid spread in England during the Civil Wars. For many radicals, the execution of King Charles cleared the way for King Jesus, and heralded the establishment of a revolutionary millennium. The apparent apostasy of the Rump Parliament and Oliver Cromwell channelled part of the wave of millenarian feeling into the formation of a specific sect. This first comprehensive study of the Fifth Monarchists movement traces its history and examines its social, political, legal and religious proposals. Although it had the support of some gentry and army officers, it was essentially an urban movement of artisans, apprentices, and even labourers, reaching lower down the social scale than any contemporary radical movement, with the possible exception of the Diggers. Professor Capp discusses its structure, and its relationship to other revolutionary sects, notably the Levellers and Quakers. He analyses the social, political and economic programmes of the self-styled saints which, though revolutionary, were elitist rather than equalitarian. The Fifth Monarchists' militant foreign policy was shaped by the twofold consideration of exporting the revolution and of strengthening the position of English trade. Their much-derided call for the re-establishment of the Mosaic Code is the culmination of a long tradition of such thinking amongst Puritan and earlier writers. Appendices provide biographies of almost 280 Fifth Monarchists and the location of all known Fifth Monarchist groups.
