Medieval Law and the Foundations of the State

Author: Alan Harding
Publisher: Oxford University Press on Demand
ISBN: 9780198219583
Release Date: 2002
Genre: Law

The state is the most powerful and contested of political ideas, loved for its promise of order but hated for its threat of coercion. In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force. He explores how the word 'state' was used by medieval rulers and their ministers and connects the growth of the idea of the state with the development of systemsfor the administration of justice and the enforcement of peace. He shows how these systems provided new models for government from the centre, successfully in France and England but less so in Germany. The courts and legislation of French and English kings are described establishing public order, defining rights to property and liberty, and structuring commonwealths by 'estates'. In the final chapters the author reveals how the concept of the state was taken up by political commentators inthe wars of the later Middle Ages and the Reformation Period, and how the law-based 'state of the king and the kingdom' was transformed into the politically dynamic 'modern state'.

Foundations of Public Law

Author: Martin Loughlin
Publisher: OUP Oxford
ISBN: 9780191648175
Release Date: 2012-09-27
Genre: Law

Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.

States of War

Author: David William Bates
Publisher: Columbia University Press
ISBN: 9780231528665
Release Date: 2011-11-01
Genre: Political Science

We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.

Trust

Author: Geoffrey Hosking
Publisher: OUP Oxford
ISBN: 9780191022821
Release Date: 2014-08-07
Genre: History

Today there is much talk of a 'crisis of trust'; a crisis which is almost certainly genuine, but usually misunderstood. Trust: A History offers a new perspective on the ways in which trust and distrust have functioned in past societies, providing an empirical and historical basis against which the present crisis can be examined, and suggesting ways in which the concept of trust can be used as a tool to understand our own and other societies. Geoffrey Hosking argues that social trust is mediated through symbolic systems, such as religion and money, and the institutions associated with them, such as churches and banks. Historically these institutions have nourished trust, but the resulting trust networks have tended to create quite tough boundaries around themselves, across which distrust is projected against outsiders. Hosking also shows how nation-states have been particularly good at absorbing symbolic systems and generating trust among large numbers of people, while also erecting distinct boundaries around themselves, despite an increasingly global economy. He asserts that in the modern world it has become common to entrust major resources to institutions we know little about, and suggests that we need to learn from historical experience and temper this with more traditional forms of trust, or become an ever more distrustful society, with potentially very destabilising consequences.

Law s Fragile State

Author: Mark Fathi Massoud
Publisher: Cambridge University Press
ISBN: 9781107026070
Release Date: 2013-05-27
Genre: Law

Uncovers how colonial administrators, postcolonial governments and international aid agencies have promoted stability and their own visions of the rule of law in Sudan.

Artifacts from Medieval Europe

Author: James B. Tschen-Emmons
Publisher: ABC-CLIO
ISBN: 9781610696227
Release Date: 2015-02-10
Genre: Art

Using artifacts as primary sources, this book enables students to comprehensively assess and analyze historic evidence in the context of the medieval period. • Provides a single-volume resource for using medieval artifacts to better understand the long-ago past • Supplies images of artifacts with detailed descriptions, explanations of significance, and a list of sources for more information, which help students learn how to effectively analyze primary sources • Presents a virtual window into many different aspects of medieval society and life, including particular activities or roles—such as farming, weaving, fashion, or being a mason or a knight • Includes sidebars within selected entries that explain key terms and concepts and supply excerpts from contemporary sources

The Rule of the Clan

Author: Mark S. Weiner
Publisher: Farrar, Straus and Giroux
ISBN: 9781466836389
Release Date: 2013-03-12
Genre: Political Science

A revealing look at the role kin-based societies have played throughout history and around the world A lively, wide-ranging meditation on human development that offers surprising lessons for the future of modern individualism, The Rule of the Clan examines the constitutional principles and cultural institutions of kin-based societies, from medieval Iceland to modern Pakistan. Mark S. Weiner, an expert in constitutional law and legal history, shows us that true individual freedom depends on the existence of a robust state dedicated to the public interest. In the absence of a healthy state, he explains, humans naturally tend to create legal structures centered not on individuals but rather on extended family groups. The modern liberal state makes individualism possible by keeping this powerful drive in check—and we ignore the continuing threat to liberal values and institutions at our peril. At the same time, for modern individualism to survive, liberals must also acknowledge the profound social and psychological benefits the rule of the clan provides and recognize the loss humanity sustains in its transition to modernity. Masterfully argued and filled with rich historical detail, Weiner's investigation speaks both to modern liberal societies and to developing nations riven by "clannism," including Muslim societies in the wake of the Arab Spring.

The Shaping of Western Civilization

Author: Michael Burger
Publisher: University of Toronto Press
ISBN: 9781442694095
Release Date: 2013-09-26
Genre: History

Michael Burger's goal in this inexpensive overview is to provide a brief, historical narrative of Western civilization. Not only does its length and price separate this text from the competition, but its no-frills, uncluttered format and well-written, one-authored approach make it a valuable asset for every history student. The Shaping of Western Civilization begins with the ancient Near East and ends with globalization. Unlike other textbooks that pile on dates and facts, Shaping is a more coherent and interpretive presentation. Burger's skills as writer and synthesizer will enable students to obtain the background required to ask meaningful questions of primary sources. In addition to suggestions for further reading, this overview includes over 50 images and 22 maps.

The Shaping of Western Civilization Volume I

Author: Michael Burger
Publisher: University of Toronto Press
ISBN: 9781442607583
Release Date: 2013-12-16
Genre: History

Michael Burger's goal in this inexpensive overview is to provide a brief, historical narrative of Western civilization. Not only does its length and price separate this text from the competition, but its no-frills, uncluttered format and well-written, one-authored approach make it a valuable asset for every history student. The Shaping of Western Civilization: From Antiquity to the Mid-Eighteenth Century begins with the ancient Near East and ends with the mid-eighteenth century. Unlike other textbooks that pile on dates and facts, Shaping is a more coherent and interpretive presentation. Burger's skills as writer and synthesizer will enable students to obtain the background required to ask meaningful questions of primary sources. In addition to suggestions for further reading, this overview includes over 40 images and 14 maps.

Jury State and Society in Medieval England

Author: James Masschaele
Publisher: Palgrave Macmillan
ISBN: 0230607799
Release Date: 2008-09-15
Genre: History

This book portrays the great variety of work that medieval English juries carried out while highlighting the dramatic increase in demands for jury service that occurred during this period.

The Foundations of the Arab State

Author: Ghassan Salame
Publisher: Routledge
ISBN: 9781136877094
Release Date: 2013-10-18
Genre: Social Science

The Foundations of the Arab State deals with the conceptual, historical, and cultural environment in which the contemporary Arab state system was established and has evolved. With contributions from established scholars in the field, this volume addresses the major issues posed by the emergence of contemporary Arab states, by their consolidation, the role played by foreign powers in their creation, and their future within the region.

Civil Justice in Renaissance Scotland

Author: Andrew Mark Godfrey
Publisher: BRILL
ISBN: 9789004174665
Release Date: 2009
Genre: History

This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the development of the Session in the fifteenth century as a judicial sitting of the King s Council, and its reconstitution as the College of Justice in 1532. Drawing on new archival research into jurisdictional change, litigation and dispute settlement, the book breaks with established interpretations and argues for the overriding significance of the foundation of the College of Justice as a supreme central court administering civil justice. This signalled a fundamental transformation in the medieval legal order of Scotland, reflecting a European pattern in which new courts of justice developed out of the jurisdiction of royal councils.

Who Rules the Law

Author: Mark Fathi Massoud
Publisher:
ISBN: UCAL:C3483942
Release Date: 2008
Genre:

Why would a colonial administration, a post-colonial military dictatorship, a democratically elected government, a disadvantaged civil society, and a variety of international aid agencies all seek to use their limited resources in the pursuit of building the rule of law? This dissertation argues that law is an unstable, but powerful form of institutional and symbolic ordering that captures the imagination of state and non-state actors in their struggle to achieve political durability and to promote development.

The Foundations of Sovereignty and Other Essays

Author: Harold Joseph Laski
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584773306
Release Date: 1921
Genre: Law

Laski, Harold J. The Foundations of Sovereignty and Other Essays. New York: Harcourt, Brace and Company, 1921. xi, 317 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044372. ISBN 1-58477-330-8. Cloth. $80. * This influential study develops aspects of his theory of the state, ideas he introduced in his first important publication, Authority in the Modern State (1919). According to Laski, the state is not a supreme entity, but is rather one association among many that must compete for the people's loyalty and obedience.

Parochialism Cosmopolitanism and the Foundations of International Law

Author: M. N. S. Sellers
Publisher: Cambridge University Press
ISBN: 9780521518024
Release Date: 2012
Genre: Law

This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.