Early Modern Origins Of Rule Of Law

Opened up by the revival of Classical thought but riven by the violence of the Reformation and Counter Reformation, the terrain of Early Modern law was constantly shifting. The age of expansion saw unparalleled degrees of internal and external exploration and colonization, accompanied by the advance of science and the growing power of knowledge. A Cultural History of Law in the Early Modern Age, covering the period from 1500 to 1680, explores the war of jurisdictions and the slow and contested emergence of national legal traditions in continental Europe and in Britannia. Most particularly, the chapters examine the European quality of the Western legal traditions and seek to link the political project of Anglican common law, the mos britannicus, to its classical European language and context. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Early Modern Age presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

Historiography, Empire and the Rule of Law considers the intersection of these terms in the historical development of what has come to be known as the ‘rule of law’. The separation of governmental powers, checks and balances, and judicial independence signified something entirely new in the way in which politics was imagined and practiced. This ‘rule of law’ cannot, as it often is, be traced to the justification and practice of government as originating in a social contract among the governed; but rather, by analogy with a popular conveyancing innovation of the era, to the trust – a device by which the power of ownership of land could be restrained. But how could the restraint of power remain consistent with the avoidance of anarchic disagreement among those granted the task of supervision and restraint? In response, it is argued here, the central legal and political task became one of managing disagreement and change peacefully and constructively – by drawing on a colonial tradition that emphasised civility, negotiation and compromise. And the study of all of these qualities as they evolved, Ian Duncanson contends, is vital to understanding the emergence of the ‘rule of law’. Historiography, Empire and the Rule of Law will be invaluable for all those engaged in research and the postgraduate study of socio-legal and constitutional studies, and early modern and modern history.

Arguing that the concept of an 'international rule of law' has a history independent from that of the national rule of law, this book discusses early modern European thought on natural law and justice and Chinese thought on world order and international law. It provides a unique examination of comparative international legal history and philosophy.

Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.

Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

The seventeenth century witnessed some of the most important jurisprudential changes in England s history, yet it is relatively untouched territory in the rich field of literature and law. Alison Chapman s book fills this gap by situating the poet and polemicist John Milton in the center of late-seventeenth-century legal history. One of England s greatest poets, Milton was arguably also the most litigious, and he had an exceptionally wide and deep knowledge of law and judicial processes. While this book ranges widely across Milton s life and work, its primary focus is on the role that law plays in "Paradise Lost." Throughout "Paradise Lost," Chapman shows, Milton invites his readers to judge the ways of God both according to the dictates of reason and conscience and also according to prevailing ideas about legal justice. Law, Chapman argues, forms a crucial albeit unrecognized part of Milton s attempt in" Paradise Lost" to justify the ways of God to men. "

This volume celebrates the career of Professor J.H.M. Salmon, whose work on the study of early modern Europe enjoys a high reputation world-wide. Appropriately centred on France, the essays make a significant contribution to the study of political life and thought during the ancien regime. Proceeding from a variety of vantage points, some of the foremost scholars in the field of early modern Europe consider the many ways in which contemporaries in different walks of life expressed their understanding of, and participation in, the political community, using new approaches drawn from cultural history, the history of ideologies and a resurgence of interest in the history of institutions. Subjects discussed include institutional rivalries and how they complicated efforts to mount opposition to government policies; political thought and concepts such as sovereignty, conciliarism, and dominum; and how contemporary understanding of the political order was worked out in a cultural context. The volume also suggests new directions for research.

Equity in Early Modern Legal Scholarship offers a comprehensive account of the development of equity by legal writers in the early modern period, unearthing a time of lively debate about its nature and function.