"Magna Carta and the Rule of Law examines the Great Charter's origins and influence, based on the most current knowledge and research. Distinguished scholars explore the Charter's fascinating story through a series of distinct lenses." -- BOOK COVER.
An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
"Dan Jones has an enviable gift for telling a dramatic story while at the same time inviting us to consider serious topics like liberty and the seeds of representative government." —Antonia Fraser From the New York Times bestselling author of The Plantagenets, a lively, action-packed history of how the Magna Carta came to be—by the author of Powers and Thrones. The Magna Carta is revered around the world as the founding document of Western liberty. Its principles—even its language—can be found in our Bill of Rights and in the Constitution. But what was this strange document and how did it gain such legendary status? Dan Jones takes us back to the turbulent year of 1215, when, beset by foreign crises and cornered by a growing domestic rebellion, King John reluctantly agreed to fix his seal to a document that would change the course of history. At the time of its creation the Magna Carta was just a peace treaty drafted by a group of rebel barons who were tired of the king's high taxes, arbitrary justice, and endless foreign wars. The fragile peace it established would last only two months, but its principles have reverberated over the centuries. Jones's riveting narrative follows the story of the Magna Carta's creation, its failure, and the war that subsequently engulfed England, and charts the high points in its unexpected afterlife. Reissued by King John's successors it protected the Church, banned unlawful imprisonment, and set limits to the exercise of royal power. It established the principle that taxation must be tied to representation and paved the way for the creation of Parliament. In 1776 American patriots, inspired by that long-ago defiance, dared to pick up arms against another English king and to demand even more far-reaching rights. We think of the Declaration of Independence as our founding document but those who drafted it had their eye on the Magna Carta.
The Roots of Liberty is a critical collection of essays on the origin and nature of the often elusive idea of the nature of liberty. Throughout this book, the original and thought-provoking views from scholars J C Holt, Christopher W Brooks, Paul Christianson, and John Phillip Reid offer insights into the development of English ideas of liberty and the relationship those ideas hold to modern conceptions of rule of law. Ellis Sandoz's introduction details Fortescue's vision of the constitution and places each of the essays in historiographical context. Corrine C. Weston's spirited epilogue evaluates the essays' arguments.
This volume is the first to explore the vibrant history of Magna Carta in Aotearoa New Zealand’s legal, political and popular culture. Readers will benefit from in-depth analyses of the Charter’s reception along with explorations of its roles in regard to larger constitutional themes. The common thread that binds the collection together is its exploration of what the adoption of a medieval charter as part of New Zealand’s constitutional arrangements has meant – and might mean – for a Pacific nation whose identity remains in flux. The contributions to this volume are grouped around three topics: remembrance and memorialization of Magna Carta; the reception of the Charter by both Māori and non-Māori between 1840 and 2015; and reflection on the roles that the Charter may yet play in future constitutional debate. This collection provides evidence of the enduring attraction of Magna Carta, and its importance as a platform of constitutional aspiration.
The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
A revised edition of J. C. Holt's classic study of Magna Carta, the Great Charter, offering the most authoritative analysis of England's most famous constitutional text. The book sets the events of 1215 and the Charter itself in the context of the law, politics and administration of England and Europe in the twelfth and thirteenth centuries. Additionally, a lengthy new introduction by two of Holt's former pupils, George Garnett and John Hudson, examines a range of issues raised by scholarship since publication of the second edition in 1992. These include the possible role of Archbishop Stephen Langton; the degree of influence of Roman and Canon Law upon those who drafted the Charter; other aspects of the intellectual setting of the Charter, in particular political thinking in London; the Continental context of the events of 1212–15; and the legal and jurisdictional issues that affected the Charter's clauses on justice.
“Mine” is one of the first words babies learn, and by the time we grow up, the idea of ownership seems natural, whether we are buying a cup of coffee or a house. But who controls the space behind your airplane seat: you, reclining, or the squished laptop user behind you? Why is plagiarism wrong, but it’s okay to knock off a recipe or a dress design? And after a snowstorm, why does a chair in the street hold your parking space in Chicago, while in New York you lose both the space and the chair? In Mine!, Michael Heller and James Salzman, two of the world’s leading authorities on ownership, explain these puzzles and many more. Remarkably, they reveal, there are just six simple rules that everyone uses to claim everything. Owners choose the rule that steers us to do what they want. But we can pick differently. This is true not just for airplane seats, but also for battles over digital privacy, climate change, and wealth inequality. Mine! draws on mind-bending, often infuriating, and always fascinating accounts from business, history, courtrooms, and everyday life to reveal how the rules of ownership control our lives and shape our world.