John Adams and the Constitutional History of the Medieval British Empire

Author: James Muldoon
Publisher: Springer
ISBN: 9783319664774
Release Date: 2017-11-03
Genre: History

This book contributes to the increasing interest in John Adams and his political and legal thought by examining his work on the medieval British Empire. For Adams, the conflict with England was constitutional because there was no British Empire, only numerous territories including the American colonies not consolidated into a constitutional structure. Each had a unique relationship to the English. In two series of essays he rejected the Parliament’s claim to legislate for the internal governance of the American colonies. His Dissertation on the Canon and Feudal Law (1765) identified these claims with the Yoke, Norman tyranny over the defeated Saxons after 1066. Parliament was seeking to treat the colonists in similar fashion. The Novanglus essays (1774-75), traced the origin of the colonies, demonstrating that Parliament played no role in their establishment and so had no role in their internal governance without the colonists’ subsequent consent.

Marriage Litigation in Medieval England

Author: R. H. Helmholz
Publisher: Cambridge University Press
ISBN: 0521035627
Release Date: 2007-03-26
Genre: History

This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.

The Law of Treason in England in the Later Middle Ages

Author: J. G. Bellamy
Publisher: Cambridge University Press
ISBN: 0521526388
Release Date: 2004-01-29
Genre: History

Professor Bellamy places the theory of treason in its political setting and analyses the part it played in the development of legal and political thought in this period. He pays particular attention to the Statute of Treason of 1352, an act with a notable effect on later constitutional history and which, in the opinion of Edward Coke, had a legal importance second only to that of Magna Carta. He traces the English law of treason to Roman and Germanic origins, and discusses the development of royal attitudes towards rebellion, the judicial procedures used to try and condemn suspected traitors, and the interaction of the law of treason and constitutional ideas.

Law Governance and Justice

Author: Richard Kaeuper
Publisher: BRILL
ISBN: 9789004235908
Release Date: 2013-01-11
Genre: History

How law and governance operated in medieval England - and whether contemporaries saw justice in its operations - have long generated scholarly discussions. 13 scholars, established and younger figures, historians and literary analysts, offer their new views in this volume.

Historical Dictionary of Late Medieval England 1272 1485

Author: Ronald H. Fritze
Publisher: Greenwood Publishing Group
ISBN: 0313291241
Release Date: 2002-01-01
Genre: History

Focusing on political, military, religious, and constitutional history of Medieval England, this reference offers information that is often elusive or difficult to understand within the covers of specialized monographs and journal articles.

The High Middle Ages in England 1154 1377

Author: Bertie Wilkinson
Publisher: CUP Archive
ISBN: 0521217326
Release Date: 1978-06-22
Genre: History

"All aspects of England in the High Middle Ages are covered, including sections on social, economic, religious, military, intellectual and art history, as well as on political and constitutional history."--Publisher description.

Constitutional History of the UK

Author: Ann Lyon
Publisher: Routledge
ISBN: 9781317203988
Release Date: 2016-06-10
Genre: Law

An appreciation of the development and evolution of the United Kingdom constitution is vital in order to understand the existing nature of the constitution, proposals for reform and the many complex challenges it faces. Ann Lyon presents a vivid overview of fourteen hundred years of English legal history taking us on a rich journey from a feudal society to the fractured Union of the present day. Drawing on key constitutional themes, Constitutional History of the United Kingdom provides insight and context to modern constitutional problems. This second edition has been revised and updated to bring coverage up to the present day, including parliamentary reform; the Scottish referendum on independence and further drives for enhanced devolution; the effect of EU membership on the UK Constitution; and the impact of the European Convention on Human Rights and the Human Rights Act 1998. Constitutional History of the United Kingdom offers an accessible and highly valuable overview for students with little or no prior knowledge of British history.

The Payment Order of Antiquity and the Middle Ages

Author: Benjamin Geva
Publisher: Bloomsbury Publishing
ISBN: 9781847318435
Release Date: 2011-11-01
Genre: Law

Examining the legal history of the order to pay money initiating a funds transfer, the author tracks basic principles of modern law to those that governed the payment order of Antiquity and the Middle Ages. Exploring the legal nature of the payment order and its underpinning in light of contemporary institutions and payment mechanisms, the book traces the evolution of money, payment mechanisms and the law that governs them, from developments in Ancient Mesopotamia, Ancient Greece, Rome, and Greco-Roman Egypt, through medieval Europe and post-medieval England. Doctrine is examined in Jewish, Islamic, Roman, common and civil laws. Investigating such diverse legal systems and doctrines at the intersection of laws governing bank deposits, obligations, the assignment of debts, and negotiable instruments, the author identifies the common denominator for the evolving legal principles and speculates on possible reciprocity. At the same time he challenges the idea of 'law merchant' as a mercantile creation. The book provides an account of the evolution of payment law as a distinct cohesive body of legal doctrine applicable to funds transfers. It shows how principles of law developed in tandem with the evolution of banking and in response to changing circumstances and proposes a redefinition of 'law merchant'. The author points to deposit banking and emerging technologies as embodying a great potential for future non-cash payment system growth. However, he recommends caution in predicting both the future of deposit banking and the overall impact of technology. At the same time he expresses confidence in the durability of legal doctrine to continue to evolve and accommodate future payment system developments.

An Historical Introduction to Western Constitutional Law

Author: R. C. van Caenegem
Publisher: Cambridge University Press
ISBN: 0521476933
Release Date: 1995-03-23
Genre: Law

Professor van Caenegem's new book addresses fundamental questions of constitutional organization--democracy versus autocracy, unitary versus federal organization, pluralism versus intolerance--by analyzing different models of constitutional government through a historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative that begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union.

Law Liberty and the Constitution

Author: Harry Potter
Publisher: Boydell & Brewer Ltd
ISBN: 9781783270118
Release Date: 2015
Genre: Law

A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.

The enterprise of law

Author: Bruce Benson
Publisher: Pacific Research Inst for Public
ISBN: UOM:39015019406522
Release Date: 1990
Genre: Business & Economics


King John

Author: Graham E. Seel
Publisher: Anthem Press
ISBN: 9780857282392
Release Date: 2012-08-01
Genre: History

Through contextual analysis and by reassessing the chronicle evidence, ‘King John: An Underrated King’ presents a compelling reevaluation of the reign of King John, England’s most maligned sovereign. With its thought-provoking analysis of the key issues of John’s reign, such as the loss of the French territories, British achievement, Magna Carta, relations with the church, and civil war, the volume presents an engaging argument for rehabilitating King John’s reputation. Each chapter features both narrative and contextual analysis, and is prefaced by a timeline outlining the key events of the period. The volume also contains an array of maps and diagrams, as well as a collection of useful study questions.