Lex Regia

Official English Edition of the Maxims of Sovereign Law (Lex Regia).

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this book explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as Francois Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.

First Published in 2005. The book covers four periods, each with a different focus. From 300 to 750 Canning examines Christian ideas of rulership. The often neglected centuries from 750 to 1050, the Carolingian period and its aftermath, are given special attention. From 1050 to 1290 the conflict between temporal and spiritual power and the revived legacy of antiquity comes to the fore. Finally in the period from 1290 to 1450, Canning focuses on the confrontation with political reality in ideas of church and state, and in juristic thought.

This book explores the theory of political representation as articulated by the fourteenth-century Italian thinker, Marsilius. It combines historical research on Marsilius with an analysis of the contemporary theory of representative democracy. Modern theorization of political representation identifies the relation between the represented and the representative as a central theme. In order to assess how a representative system can reasonably be expected to operate for the benefit of the whole people, political representation must be understood through a comprehensive conception of the political process as a whole. To this end, Marsilius provides us with a perspective from which to examine the philosophical foundations of political representation and to reconsider the nature and significance of political representation - that is, an understanding of political representation in terms of the transfer of power. This book suggests that in modern democratic societies where the people effectively cease to be a political agent and their formal authority becomes increasingly notional, Marsilius' conception of political representation, which rejects the depoliticisation and deauthorisation of ordinary citizens, has much to offer. It can, in principle, offer a coherent alternative approach to building political representation as an effective scheme of public action for all.

What significance did the Lex Regia De Imperio Vespasiani bear for the Dutch philosophers in the seventeenth and eighteenth centuries? Did it simply define a question of law and its ancient use? Was it responsible for the definition of a scholarly exercise in literary-rhetorical regulae? New Studies on Lex Regia explores these questions as the dispute on a non-literary source (the Lex Regia) is exemplary for the way in which philological research came together with interpretations of the Roman law and the political conclusions drawn from them. Situated between philosophy and philology, this book attempts to rehabilitate a debate on the fides historica in Cartesianism and post-Cartesian Pyrrhonism. It focuses on the role that modern historiography on Rome plays in the construction of the politico-cultural model between republicanism and absolutism in the works of the Dutch thinkers Gronovius, Ulrik Huber, Perizonius, Noodt and Barbeyrac.