The Prince And The Law 1200 1600

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 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.

How Roman law has influenced European legal and political thought from antiquity to the present day.

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.

In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.

Was the emperor as sovereign allowed to seize the property of his subjects? Was this handled differently in late medieval Roman law and in the practice and theory of zabt in Mughal India? How is political sovereignty relating to the church ́s powers and to trade? How about maritime sovereignty after Grotius? How was the East India Company as a ́corporation ́ interacting with an Indian Nawab? How was the Shogunate and the emperor negotiating ́sovereignty ́ in early modern Japan? The volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law. Contributors include: Kenneth Pennington, Fabrice Micallef, Philippe Denis, Sylvio Hermann De Franceschi, Joshua Freed, David Dyzenhaus, Michael P. Breen, Daniel Lee, Andrew Fitzmaurice and Kajo Kubala, Nicholas Abbott, Tiraana Bains, Cornel Zwierlein, Mark Ravina.

Reference entries, overview essays, and primary source document excerpts survey the history and unveil the successes and failures of the longest-lasting European empire. The Holy Roman Empire endured for ten centuries. This book surveys the history of the empire from the formation of a Frankish Kingdom in the sixth century through the efforts of Charlemagne to unify the West around A.D. 800, the conflicts between emperors and popes in the High Middle Ages, and the Reformation and the Wars of Religion in the Early Modern period to the empire's collapse under Napoleonic rule. A historical overview and timeline are followed by sections on government and politics, organization and administration, individuals, groups and organizations, key events, the military, objects and artifacts, and key places. Each of these topical sections begins with an overview essay, which is followed by alphabetically arranged reference entries on significant topics. The book includes a selection of primary source documents, each of which is introduced by a contextualizing headnote, and closes with a selected, general bibliography.

In Dante and the Limits of the Law, Justin Steinberg offers the first comprehensive study of the legal structure essential to Dante’s Divine Comedy. Steinberg reveals how Dante imagines an afterlife dominated by sophisticated laws, hierarchical jurisdictions, and rationalized punishments and rewards. He makes the compelling case that Dante deliberately exploits this highly structured legal system to explore the phenomenon of exceptions to it, crucially introducing Dante to current debates about literature’s relation to law, exceptionality, and sovereignty. Examining how Dante probes the limits of the law in this juridical otherworld, Steinberg argues that exceptions were vital to the medieval legal order and that Dante’s otherworld represents an ideal “system of exception.” In the real world, Dante saw this system as increasingly threatened by the dual crises of church and empire: the abuses and overreaching of the popes and the absence of an effective Holy Roman Emperor. Steinberg shows that Dante’s imagination of the afterlife seeks to address this gap between the universal validity of Roman law and the lack of a sovereign power to enforce it. Exploring the institutional role of disgrace, the entwined phenomena of judicial discretion and artistic freedom, medieval ideas about privilege and immunity, and the place of judgment in the poem, this cogently argued book brings to life Dante’s sense of justice.

An anonymous fourteenth-century treatise that borrows heavily from the Libellus cantus mensurabilis attributed to Johannes de Muris, the Ars cantus mensurabilis mensurata per modos iuris differs from others ars nova treatises in its systematic application of scholastic philosophy and allusions to medieval law. Using music as the subject of inquiry, the writer addresses questions that occupied scholastic philosophers in other fields, such as the natural minimum of a substance and the potentia Dei absoluta. The writer quotes legal maxims and alludes to medieval legal issues such as the lex regia and the Becket controversy to justify and prove the rules of music. A substantial portion of the treatise was first published as Anonymous V in Edmond de Coussemaker's Scriptores de musica medii aevi, where it was paired with a counterpoint treatise beginning "Cum notum sit". The treatise published by Coussemaker, however, is not the entire work. From textual and manuscript evidence, the Greek and Latin Music Theory edition demonstrates that a set of three figures and an introduction are related to the mensural treatise; the same evidence suggests that the counterpoint treatise "Cum notum sit" should not be considered part of the treatise. The GLMT editionøpresents a complete critical text for the treatise together with a facing-page English translation. Annotations to the translation explain the numerous legal and scholastic allusions in the treatise. Also presented are corrected versions of the approximately one hundred musical figures. Preceding the critical text and translation, an extended introduction explains the musical and intellectual sources of the work.

A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England.