Constitutionalism

Constitutionalism

Author: Charles Howard McIlwain

Publisher: The Lawbook Exchange, Ltd.

Published: 2005

Total Pages: 172

ISBN-13: 1584775505

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Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.


Studies in Medieval Legal Thought

Studies in Medieval Legal Thought

Author: Gaines Post

Publisher: Princeton University Press

Published: 2015-12-08

Total Pages: 650

ISBN-13: 1400879981

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This volume brings together eleven articles by a distinguished medieval scholar. The major emphasis is on legal thought that resulted from the revival of Roman law at Bologna and on the influence this thought had on medieval "constitutionalism." Includes such important studies as “A Romano-Canonical Maxim, Quod Omnes Tangit, in Bracton,” and “Status Regis and Lestat du Roi in the Statute of York.” Originally published in 1964. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.


Great Christian Jurists in English History

Great Christian Jurists in English History

Author: Mark Hill

Publisher: Cambridge University Press

Published: 2017-06-09

Total Pages: 621

ISBN-13: 1108135986

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The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.


Philosophical Foundations of the Religious Axis

Philosophical Foundations of the Religious Axis

Author: John R. Pottenger

Publisher: Springer Nature

Published: 2020-01-29

Total Pages: 223

ISBN-13: 3030339742

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This book discusses the evolution of three philosophical foundations from the twelfth through the eighteenth centuries that converged to form the basis of liberal democracy’s approach to the place and role of religion in society and politics. Identified by the author as a “religious axis,” the period of convergence promoted rational and empirical investigation, enabled the development of diverse religious beliefs, and affirmed religious liberty and expressions amidst pluralist politics. The author shows that the religious axis’ three philosophical foundations—epistemic, axiological, and political—undergird the political architecture of American liberal democracy that designed a containment structure to protect a vast array of religious expressions and encourage their presence in the public square. Moreover, the structure embodied a democratic ethos that drives religious and political pluralism—but within limits. The author argues that this containment structure has paradoxically ignited frenzied fires of faith that politically threaten the structure’s own limits.


The Science of Conjecture

The Science of Conjecture

Author: James Franklin

Publisher: JHU Press

Published: 2015-08-01

Total Pages: 767

ISBN-13: 1421418819

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How did we make reliable predictions before Pascal and Fermat's discovery of the mathematics of probability in 1654? What methods in law, science, commerce, philosophy, and logic helped us to get at the truth in cases where certainty was not attainable? In The Science of Conjecture, James Franklin examines how judges, witch inquisitors, and juries evaluated evidence; how scientists weighed reasons for and against scientific theories; and how merchants counted shipwrecks to determine insurance rates. The Science of Conjecture provides a history of rational methods of dealing with uncertainty and explores the coming to consciousness of the human understanding of risk.


Medieval Law and the Foundations of the State

Medieval Law and the Foundations of the State

Author: Alan Harding

Publisher: Oxford University Press, USA

Published: 2002

Total Pages: 403

ISBN-13: 019821958X

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In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force.


Magna Carta and the England of King John

Magna Carta and the England of King John

Author: Janet Senderowitz Loengard

Publisher: Boydell & Brewer

Published: 2010

Total Pages: 201

ISBN-13: 1843835487

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Magna Carta marked a watershed in the relations between monarch and subject and as such has long been central to English constitutional and political history. This volume uses it as a springboard to focus on social, economic, legal, and religious institutions and attitudes in the early thirteenth century. What was England like between 1199 and 1215? And, no less important, how was King John perceived by those who actually knew him? The essays here analyse earlier Angevin rulers and the effect of their reigns on John's England, the causes and results of the increasing baronial fear of the king, the "managerial revolution" of the English church, and the effect of the ius commune on English common law. They also examine the burgeoning economy of the early thirteenth century and its effect on English towns, the background to discontent over the royal forests which eventually led to the Charter of the Forest, the effect of Magna Carta on widows and property, and the course of criminal justice before 1215. The volume concludes with the first critical edition of an open letter from King John explaining his position in the matter of William de Briouze. Contributors: Janet S. Loengard, Ralph V. Turner, John Gillingham, David Crouch, David Crook, James A. Brundage, John Hudson, Barbara Hanawalt, James Masschaele