In this, the last book published during his lifetime, renowned historian of the English Revolution Christopher Hill uses the literary culture of the seventeenth century to explore the immense social changes of the period as well as the expressions of liberty, the law and the hero-worship of the outlaw defiance. As well as chapters on gypsies and vagabonds, Hill analyzes class, religion and the shift away from the importance of the church after the Reformation. Liberty against the Law is a late classic of Hill's work and essential reading for anyone interested in the history and politics of the seventeenth-century.
"The criminalization of dissent, and possible threats to civil liberties posed by this criminalization, have become central issues of debate within liberal democracies, particularly in relation to discussions of political violence and the role of law in protests. Law against Liberty provides significant commentary on the criminalization of political movements and dissent within (neo)liberal democracies in the contemporary context. The criminalization of dissent has been a common feature of neo-liberal governance in the current period of capitalist globalization. It has accompanied various structural adjustment and free trade policies as the required force to impose such programs on unwilling publics. Police violence has been a constant feature of alternative globalization demonstrations. Examples of escalating state attacks on opponents of global capital include tear gas attacks, use of rubber bullets and concussion grenades, illegal searches and seizures, surveillance and beatings of arrestees, and, most severely, the deaths of people at the hands of police as in Genoa and England. At the same time demonstrators have developed new repertoires of protest practice, including acts of violence and combat. Yet these engagements of escalation (as police and protesters adapt to each other's actions) have been understudied and undertheorized in recent social science works. Most works on the criminalization of dissent focus on a specific national context. Those that offer multinational examples tend to be earlier works that predate the Seattle protests of 1999, a watershed event in the development of alternative globalization movements and struggles. Based on contributions from engaged scholars, many of whom have direct, first-hand experience in the protests that they analyze, this book offers the most extensive and diverse examination of dissent and its criminalization in contemporary liberal democracies."--Publisher.
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.
From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era -- and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.
A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
Sir Edward Coke remains one of the most important figures in the history of the common law. The essays collected in this volume provide a broad context for understanding and appreciating the scope of Coke's achievement: his theory of law, his work as a lawyer and a judge, his role in pioneering judicial review, his leadership of the Commons, and his place in the broader culture of Elizabethan and Jacobean England. Sir Edward Coke claimed for judges the power to strike down statutes, created the modern common law by reshaping medieval precedents, and, in the House of Commons, led the gathering forces that would ultimately establish a constitutional regime of ordered liberty and responsible, representative government. Although much has been written on Coke, there has been no single adequate study or collection of these writings until now. Law, Liberty, and Parliament brings together material that not only is useful for understanding Coke's career and achievement but also illuminates the late Elizabethan and early Stuart periods in which the common law became inextricably identified with constitutional authority. Allen D. Boyer, author of Sir Edward Coke and the Elizabethan Age, is a lawyer in New York City and a frequent contributor to the New York Times Book Review. Dr. Boyer serves on the advisory board of the Yale Center for Parliamentary History.
A classic study of popular resistance to the momentous changes of 17th century England In 17th Century England, the law was not an instrument of justice - it was an instrument of oppression. The enclosures of common land, loss of many traditional rights and draconian punishments for minor transgressions changed the lives of the peasantry and created a landless class of wage labourers. In this, the last book published during his lifetime, renowned historian of the English Revolution Christopher Hill explores the immense social changes that occurred and the expressions of liberty against the law through the literary culture of the times and the hero-worship of the outlaw. As well as chapters on gypsies and vagabonds, Hill analyses class, religion and the shift away from the importance of the church after the Reformation. Liberty Against the Law is a late classic of Hill's work, and essential reading for anyone interested in the history and politics of the 17th Century.
