Law Politics And Society In Early Modern England

Author: Christopher W. Brooks
Publisher: Cambridge University Press
ISBN: 9781139475297
Size: 21.12 MB
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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.

Society Politics And Culture

Author: Mervyn Evans James
Publisher: Cambridge University Press
ISBN: 9780521368773
Size: 58.88 MB
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The social, political and cultural factors determining conformity and obedience as well as dissidence and revolt are traced in sixteenth and early seventeenth century England.

Law And Government In England During The Long Eighteenth Century

Author: D. Lemmings
Publisher: Springer
ISBN: 0230354408
Size: 68.22 MB
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Over the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people.

The Oxford Handbook Of Holinshed S Chronicles

Author: Paulina Kewes
Publisher: Oxford University Press
ISBN: 0199565759
Size: 11.84 MB
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The Handbook is an innovative interdisciplinary study of the Chronicles of England, Scotland and Ireland (1577, 1587), commonly known by the name of its early author and editor, Raphael Holinshed. It brings together forty articles by leading specialists in history, literature, religion, and the classics, in the first full investigation of the significance of this greatest of Elizabethan chronicles. Holinshed is famed as a principal source forShakespeare's history plays: our volume shows its importance as evidence of contemporary attitudes to history, politics and society, and demonstrates the wider influence of the Chronicles on writers and readers in thegenerations after its publication. The Handbook explores the making of the two editions; their relationship to medieval and Renaissance historiography; genres and audiences; history, politics and society; literary appropriations; and national identity.

Law And Authority In Early Modern England

Author: Thomas Garden Barnes
Publisher: University of Delaware Press
ISBN: 9780874139594
Size: 44.64 MB
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Deals with four themes: common law and its rivals, the growth in parliamentary authority, the assertion of royal authority, and royal authority and the governed.

Legalism

Author: Fernanda Pirie
Publisher: OUP Oxford
ISBN: 0191025933
Size: 65.10 MB
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'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts. The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.

Conscience Equity And The Court Of Chancery In Early Modern England

Author: Mr Dennis R Klinck
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409480615
Size: 59.29 MB
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Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.

The State And Social Change In Early Modern England 1550 1640

Author: S. Hindle
Publisher: Springer
ISBN: 0230288464
Size: 40.13 MB
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This is a study of the social and cultural implications of the growth of governance in England in the century after 1550. It is principally concerned with the role played by the middling sort in social and political regulation, especially through the use of the law. It discusses the evolution of public policy in the context of contemporary understandings, of economic change; and analyses litigation, arbitration, social welfare, criminal justice, moral regulation and parochial analyses administration as manifestations of the increasing role of the state in early modern England.

Lawyers At Play

Author: Jessica Winston
Publisher: Oxford University Press
ISBN: 0198769423
Size: 13.70 MB
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Many early modern poets and playwrights were also members of the legal societies the Inns of Court, and these authors shaped the development of key genres of the English Renaissance, especially lyric poetry, dramatic tragedy, satire, and masque. But how did the Inns come to be literary centres in the first place, and why were they especially vibrant at particular times? Early modernists have long understood that urban setting and institutional environment were central to this phenomenon: in the vibrant world of London, educated men with time on their hands turned to literary pastimes for something to do. Lawyers at Play proposes an additional, more essential dynamic: the literary culture of the Inns intensified in decades of profound transformation in the legal profession. Focusing on the first decade of Elizabeth's reign, the period when a large literary network first developed around the societies, this study demonstrates that the literary surge at this time developed out of and responded to a period of rapid expansion in the legal profession and in the career prospects of members. Poetry, translation, and performance were recreational pastimes; however, these activities also defined and elevated the status of inns-of-court men as qualified, learned, and ethical participants in England's 'legal magistracy': those lawyers, judges, justices of the peace, civic office holders, town recorders, and gentleman landholders who managed and administered local and national governance of England. Lawyers at Play maps the literary terrain of a formative but understudied period in the English Renaissance, but it also provides the foundation for an argument that goes beyond the 1560s to provide a framework for understanding the connections between the literary and leg