Download or read book The Crown and the Courts written by David C. Flatto and published by Harvard University Press. This book was released on 2020-11-10 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Shadow on the Crown written by Patricia Bracewell and published by Penguin. This book was released on 2013-02-07 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rich tale of power and forbidden love revolving around a young medieval queen In 1002, fifteen-year-old Emma of Normandy crosses the Narrow Sea to wed the much older King Athelred of England, whom she meets for the first time at the church door. Thrust into an unfamiliar and treacherous court, with a husband who mistrusts her, stepsons who resent her and a bewitching rival who covets her crown, Emma must defend herself against her enemies and secure her status as queen by bearing a son. Determined to outmaneuver her adversaries, Emma forges alliances with influential men at court and wins the affection of the English people. But her growing love for a man who is not her husband and the imminent threat of a Viking invasion jeopardize both her crown and her life. Based on real events recorded in the Anglo-Saxon Chronicle, Shadow on the Crown introduces readers to a fascinating, overlooked period of history and an unforgettable heroine whose quest to find her place in the world will resonate with modern readers.
Download or read book The Crown and the Courts Actions Against State Departments The Case for Reform Illustrated by Instances Judicial Comments written by J. W. Gordon and published by . This book was released on 1928 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inside Crown Court written by Jacobson, Jessica and published by Policy Press. This book was released on 2016-06-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a new Foreword by David Ormerod of the Law Commission. Within the criminal justice system of England and Wales, the Crown Court is the arena in which serious criminal offences are prosecuted and sentenced. On the basis of up-to-date ethnographic research, this timely book provides a vivid description of what it is like to attend court as a victim, a witness or a defendant; the interplay between the different players in the courtroom; and the extent to which the court process is viewed as legitimate by those involved in it. This valuable addition to the field brings to life the range of issues involved and is aimed at students and scholars of criminal justice, policy-makers and practitioners, and interested members of the general public.
Download or read book Historia Placitorum Coronae written by Matthew Hale and published by . This book was released on 1847 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The People s Courts written by Jed Handelsman Shugerman and published by Harvard University Press. This book was released on 2012-02-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People’s Courts traces the history of judicial elections and Americans’ quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present. In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election. The People’s Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.
Download or read book The Crown and the Courts Actions Against State Departments The Case for Reform Etc written by John William GORDON and published by . This book was released on 1928 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise of the Pleas of the Crown written by William Hawkins and published by . This book was released on 1795 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Historia Placitorum Coron written by Sir Matthew Hale and published by . This book was released on 1736 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Invisible Crown written by David E. Smith and published by University of Toronto Press. This book was released on 2013-08-31 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Crown is not only Canada’s oldest continuing political institution, but also its most pervasive, affecting the operation of Parliament and the legislatures, the executive, the bureaucracy, the courts, and federalism. However, many consider the Crown to be obscure and anachronistic. David E. Smith’s The Invisible Crown was one of the first books to study the role of the Crown in Canada, and remains a significant resource for the unique perspective it offers on the Crown’s place in politics. The Invisible Crown traces Canada’s distinctive form of federalism, with highly autonomous provinces, to the Crown’s influence. Smith concludes that the Crown has greatly affected the development of Canadian politics due to the country’s societal, geographic, and economic conditions. Praised by the Globe and Mail’s Michael Valpy as “a thoroughly lucid, scholarly explanation of how the Canadian constitutional monarchy works,” it is bolstered by a new foreword by the author speaking to recent events involving the Crown and Canadian politics, notably the prorogation of Parliament in 2008.
Download or read book Crown Duel written by Sherwood Smith and published by Houghton Mifflin Harcourt. This book was released on 1997 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Pleas of the Crown written by Matthew Hale and published by . This book was released on 1678 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Great Law of the Crown Or a Sure Guide for All Persons Concerned in the Bishops Courts Etc written by Sir S. RICE and published by . This book was released on 1726 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Race and Sentencing written by Roger Hood and published by . This book was released on 1992 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first major study to examine whether race is a factor influencing the sentences imposed in the Crown Courts in England. Based on a large sample of cases, it reveals a complex and disturbing pattern of racial differences in the resort to custody, the lengths of sentences, and the choice of alternative punishments. The findings provide a challenge for considering how to eliminate the racial factor from sentencing practices.
Download or read book Authors in Court written by Mark Rose and published by Harvard University Press. This book was released on 2016-06-06 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a series of vivid case studies, Authors in Court charts the 300-year-long dance between authorship and copyright that has shaped each institution’s response to changing social norms of identity, privacy, and celebrity. “A literary historian by training, Rose is completely at home in the world of law, as well as the history of photography and art. This is the work of an interdisciplinary scholar at the height of his powers. The arguments are sophisticated and the elegant text is a work of real craftsmanship. It is superb.” —Lionel Bently, University of Cambridge “Authors in Court is well-written, erudite, informative, and engaging throughout. As the chapters go along, we see the way that personalities inflect the supposedly impartial law; we see the role of gender in authorial self-fashioning; we see some of the fault lines which produce litigation; and we get a nice history of the evolution of the fair use doctrine. This is a book that should at least be on reserve for any IP–related course. Going forward, no one writing about any of the cases Rose discusses can afford to ignore his contribution.” —Lewis Hyde, Kenyon College
Download or read book The Progressive Assault on Laissez Faire written by Barbara H. Fried and published by Harvard University Press. This book was released on 2009-07-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights. Taken together, these writings on coercion and property rights offer one of the most profound and elaborated critiques of libertarianism, far outshining the better-known efforts of Richard Ely and John R. Commons. In his writings on public utility regulation, Hale also made important contributions to a theory of just, market-based distribution. This first, full-length study of Hale's work should be of interest to legal, economic, and intellectual historians.
Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
