Origins of Legislative Sovereignty and the Legislative State
Origins of Legislative Sovereignty and the Legislative State

Author: A. London Fell

Publisher: Bloomsbury Publishing USA

Published: 2004-07-30

Total Pages: 483

ISBN-13: 0313085366

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This first book of the sixth volume centers on the Revolutionary and Constitutional eras in early American history, while also carrying the story ahead into the early 19th century. How did the American founders adapt and utilize European thought in their political and legal ideas on sovereignty, state, and legislation? Because of the seismic impact of European thought (and classical traditions) on America's foremost founders, it should come as no surprise that some of the most basic documents in the emergent new Republic were significantly influenced by European writings. Subsequent studies will take up the same basic themes in American thought and events from the mid-19th century to the present period. The common denominator of legislation is seen to underlie their concepts of sovereignty and the state across a diverse range of isms such as utilitarianism, positivism, idealism, socialism, and nationalism, in the 19th century and in related neo and anti-neo forms in the 20th century. The organization and classification of these and other issues is on the whole novel and comprehensive. As various reviewers have indicated, nothing of this magnitude on the subjects at hand has ever before been attempted.

An Essay on the Modern State
An Essay on the Modern State

Author: Christopher W. Morris

Publisher: Cambridge University Press

Published: 2002-07-29

Total Pages: 320

ISBN-13: 9780521524070

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This important book is the first serious philosophical examination of the modern state. It inquires into the justification of this particular form of political society. It asks whether all states are "nation-states," what are the alternative ways of organizing society, and which conditions make a state legitimate. The author concludes that, while states can be legitimate, they typically fail to have the powers (e.g. sovereignity) that they claim. Christopher Morris has written a book that will command the attention of political philosophers, political scientists, legal theorists, and specialists in international relations.

The Prince and the Law, 1200-1600
The Prince and the Law, 1200-1600

Author: Kenneth Pennington

Publisher: Univ of California Press

Published: 2023-12-22

Total Pages: 760

ISBN-13: 0520913035

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The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.

The Oxford Handbook of Comparative Law
The Oxford Handbook of Comparative Law

Author: Mathias Reimann

Publisher: Oxford University Press

Published: 2019-03-26

Total Pages: 1593

ISBN-13: 0192565524

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This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.