Law, Liberty, and Parliament

Law, Liberty, and Parliament

Author: Allen D. Boyer

Publisher:

Published: 2004

Total Pages: 0

ISBN-13: 9780865974265

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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.


Common-law Liberty

Common-law Liberty

Author: James Reist Stoner

Publisher:

Published: 2003

Total Pages: 230

ISBN-13:

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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.


Law, Liberty, and the Rule of Law

Law, Liberty, and the Rule of Law

Author: Imer B. Flores

Publisher: Springer Science & Business Media

Published: 2012-09-29

Total Pages: 196

ISBN-13: 940074742X

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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.


Law, Liberty and the Constitution

Law, Liberty and the Constitution

Author: Harry Potter

Publisher: Boydell & Brewer Ltd

Published: 2015

Total Pages: 364

ISBN-13: 178327011X

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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.


Whiteshift

Whiteshift

Author: Eric Kaufmann

Publisher: Abrams

Published: 2019-02-05

Total Pages: 814

ISBN-13: 1468316982

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“This ambitious and provocative work . . . delves into white anxiety about the demographic decline of white populations in Western nations” (Publishers Weekly). “Whiteshift” is defined as the turbulent journey from a world of racially homogeneous white majorities to one of racially hybrid majorities. In this dada-driven study, political scientist Eric Kaufmann explores how these demographic changes across Western societies are transforming their politics. The early stages of this transformation have led to a populist disruption, tearing a path through the usual politics of left and right. If we want to avoid more radical political divisions, Kaufmann argues, we have to enable white conservatives as well as cosmopolitans to view whiteshift as a positive development. Kaufmann examines the evidence to explore ethnic change in North American and Western Europe. Tracing four ways of dealing with this transformation—fight, repress, flight, and join—he makes a persuasive call to move beyond empty talk about national identity. Deeply thought provoking, enriched with illustrative stories, and drawing on detailed and extraordinary survey, demographic, and electoral data, Whiteshift will redefine the way we discuss race in the twenty-first century.


Liberty against the Law

Liberty against the Law

Author: Christopher Hill

Publisher: Verso Books

Published: 2020-01-14

Total Pages: 490

ISBN-13: 1788736818

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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.


Law, Liberty, and the Competitive Market

Law, Liberty, and the Competitive Market

Author: Bruno Leoni

Publisher: Transaction Publishers

Published: 2011-12-31

Total Pages: 243

ISBN-13: 1412812402

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Law, Liberty, and the Competitive Market brings the clash between law and legislation to the attention of economists and political scientists. It fills a void and offers a series of texts that have not previously been translated into English. This anthology connects various articles by Leoni on economics and law with the objective of emphasizing how much Leoni's own theory in the juridical environment was influenced by reflection on authors of the Austrian school--from Carl Menger to Ludwig von Mises, from Friedrich von Hayek to Murray N. Rothbard. The essays dealing with economics help us understand how many of Leoni's positions were libertarian. A careful reader of Mises, Leoni often ends up by assuming positions that are even more anti-state than those of the Austrian economist (concerning monopolies, for example). It is significant that in the 1960s his thought was influenced by Rothbard. The very critiques that he addresses to normativism and to analytical philosophy contain strong ideological elements, as they move from the awareness that legal positivism leads to statism and philosophical relativism to acquiescence in the face of power. Studying the market economy, Leoni perceives opposition between spontaneous order and planning. In this way, he understands how such a contrast is significant for the origins of norms. Leoni's idea of a law able to protect individual liberty has its roots in the market. Thus, the market is at the same time the model he uses to conceive the legal order and an institution fundamental for the service of civilization, which the law is called to protect. This is an important work by a figure only now being recognized as a pioneer in the field of economics and an innovator in political theory.


Classic Readings and Cases in the Philosophy of Law

Classic Readings and Cases in the Philosophy of Law

Author: Susan Dimock

Publisher: Routledge

Published: 2016-09-16

Total Pages: 1398

ISBN-13: 1315509636

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With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically. Classic Readings and Cases in the Philosophy of Law centers on five major questions: What is law? What, if any, connection must there be between law and morality? When should law be used to restrict the liberty of individuals? To what extent should democratic states permit civil disobedience? What, if anything, justifies the infliction of punishment on those who violate the law? The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. Brief introductions to each case describe the central issue being litigated, the legal reasoning of the justices–both majority and dissenting–the decision of the court, and its philosophical significance.