Essays In History And Political Theory In Honor Of Charles Howard Mcilwain

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Outside the Law

Author : Clement Fatovic
Publisher : JHU Press
Page : 363 pages
File Size : 48,6 Mb
Release : 2009-09-30
Category : Political Science
ISBN : 9780801893629

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Outside the Law by Clement Fatovic Pdf

The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars. The Constitution is silent on the matter, yet from Abraham Lincoln's suspension of habeas corpus during the Civil War to George W. Bush's creation of the "enemy combatants" label, a number of presidents have invoked emergency executive power in defense of actions not specifically endorsed in the Constitution or granted by Congress. Taking up the debate, Clement Fatovic digs into the intellectual history of the nation's founding to argue that the originators of liberal constitutional theory explicitly endorsed the use of extraordinary, extralegal measures to deal with genuine national emergencies. He traces the evolution of thought on the matter through the writings of John Locke, David Hume, William Blackstone, and the founding fathers, finding in them stated support for what Locke termed "prerogative," tempered by a carefully construed concept of public-oriented virtues. Fatovic maintains that the founders believed that moral character and republican decency would restrain the president from abusing this grant of enhanced authority and ensure that it remained temporary. This engaging, carefully considered survey of the conceptions of executive power in constitutional thought explains how liberalism's founders attempted to reconcile the principles of constitutional government with the fact that some circumstances would demand that an executive take normally proscribed actions. Scholars of liberalism, the American founding, and the American presidency will find Fatovic's reasoned arguments against the conventional wisdom enlightening. -- Ernest B. Abbott

Political Jurisprudence

Author : Martin Loughlin
Publisher : Oxford University Press
Page : 240 pages
File Size : 49,7 Mb
Release : 2017-12-08
Category : Law
ISBN : 9780192538390

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Political Jurisprudence by Martin Loughlin Pdf

Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experience called 'the political'. This is an approach that many contemporary jurists, those whose work presupposes the autonomy of legal order, tend to suppress. In this book, Martin Loughlin assesses the contribution made by political jurists and explains its contemporary significance. Political jurists maintain that the essential characteristics of modern legal order can only be revealed by considering how political authority is constituted. The political is orientated to the fact that people are organized into territorially-bounded units within which authoritative governing arrangements have been established, but the authority of this way of viewing the world is strengthened only through institution-building. Law may be an aspect of the political, but to perform its authority-generating functions effectively it must operate relatively autonomously. The political and the legal operate relationally, without one being reduced to the other. Loughlin introduces the rich literature of political jurisprudence through essays on innovative political jurists such as Hobbes, Burke, Constant, Romano, and Schmitt, and on such central themes as political right, institutionalism, constitutional legality, and reason of state. Building on his earlier books, The Idea of Public Law (OUP 2003) and Foundations of Public Law (OUP 2010), this collection extends his account of this influential strand of European legal thought.

Medieval Political Ideas (Routledge Revivals)

Author : Ewart Lewis
Publisher : Routledge
Page : 373 pages
File Size : 44,6 Mb
Release : 2013-06-26
Category : History
ISBN : 9781136170775

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Medieval Political Ideas (Routledge Revivals) by Ewart Lewis Pdf

First published in 1954, this book explores the political ideas of the Middle Ages. It covers the period from the investiture struggle to the end of the fifteenth century and provides comprehensive readings of otherwise inaccessible source material. Each chapter begins with an introductory essay on the subject at hand that leads to a number of translated passages, numerous enough to display a variety of opinion and long enough to indicate the process of thought as well as its conclusions. This book is the first of a two volume set and will be useful to teachers and advanced students of political theory and medieval history. Topics discussed in this volume include law, property and lordship, political authority and community.

The Biblical Politics of John Locke

Author : Kim Ian Parker
Publisher : Wilfrid Laurier Univ. Press
Page : 210 pages
File Size : 53,7 Mb
Release : 2006-01-01
Category : Religion
ISBN : 9781554581191

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The Biblical Politics of John Locke by Kim Ian Parker Pdf

John Locke is often thought of as one of the founders of the Enlightenment, a movement that sought to do away with the Bible and religion and replace them with scientific realism. But Locke was extremely interested in the Bible, and he was engaged by biblical theology and religion throughout his life. In this new book, K.I. Parker considers Locke’s interest in Scripture and how that interest is articulated in the development of his political philosophy. Parker shows that Locke’s liberalism is inspired by his religious vision and, particularly, his distinctive understanding of the early chapters of the book of Genesis. Unlike Sir Robert Filmer, who understood the Bible to justify social hierarchies (i.e., the divine right of the king, the first-born son’s rights over other siblings, and the “natural” subservience of women to men), Locke understood from the Bible that humans are in a natural state of freedom and equality to each other. The biblical debate between Filmer and Locke furnishes scholars with a better understanding of Lockes political views as presented in his Two Treatises. The Biblical Politics of John Locke demonstrates the impact of the Bible on one of the most influential thinkers of the seventeenth century, and provides an original context in which to situate the debate concerning the origins of early modern political thought.

British Political Culture and the Idea of 'Public Opinion', 1867-1914

Author : James Thompson
Publisher : Cambridge University Press
Page : 303 pages
File Size : 49,6 Mb
Release : 2013-08-29
Category : History
ISBN : 9781107026797

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British Political Culture and the Idea of 'Public Opinion', 1867-1914 by James Thompson Pdf

An examination of how 'public opinion' functioned as a concept in late nineteenth and early twentieth-century Britain.

Staging Power in Tudor and Stuart English History Plays

Author : Kristin M.S. Bezio
Publisher : Routledge
Page : 238 pages
File Size : 42,6 Mb
Release : 2016-03-09
Category : Literary Criticism
ISBN : 9781317050773

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Staging Power in Tudor and Stuart English History Plays by Kristin M.S. Bezio Pdf

Staging Power in Tudor and Stuart English History Plays examines the changing ideological conceptions of sovereignty and their on-stage representations in the public theaters during the Elizabethan and early Stuart periods (1580-1642). The study examines the way in which the early modern stage presented a critical dialogue concerning the nature of sovereignty through the lens of specifically English history, focusing in particular on the presentation and representation of monarchy. It presents the subgenre of the English history play as a specific reaction to the surrounding political context capable of engaging with and influencing popular and elite conceptions of monarchy and government. This project is the first of its kind to specifically situate the early modern debate on sovereignty within a 'popular culture' dramatic context; its purpose is not only to provide an historical timeline of English political theory pertaining to monarchy, but to situate the drama as a significant influence on the production and dissemination thereof during the Tudor and Stuart periods. Some of the plays considered here, notably those by Shakespeare and Marlowe, have been extensively and thoroughly studied. But others-such as Edmund Ironside, Sir Thomas Wyatt, and King John and Matilda-have not previously been the focus of much critical attention.

Popular Sovereignty in Historical Perspective

Author : Richard Bourke,Quentin Skinner
Publisher : Cambridge University Press
Page : 421 pages
File Size : 45,6 Mb
Release : 2016-03-24
Category : History
ISBN : 9781107130401

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Popular Sovereignty in Historical Perspective by Richard Bourke,Quentin Skinner Pdf

The first collaborative volume to explore popular sovereignty, a pivotal concept in the history of political thought.

Religion, Politics and Thomas Hobbes

Author : George Wright
Publisher : Taylor & Francis
Page : 398 pages
File Size : 44,7 Mb
Release : 2006
Category : Philosophy
ISBN : 1402044674

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Religion, Politics and Thomas Hobbes by George Wright Pdf

This collection develops insight into the relation which Hobbes describes between his theory of government and the three-part division he draws with respect to religion. Pursuing the chain of causes that proves God's existence as first cause, Hobbes identifies and defines both "true religion" and such superstition as he found in the theology and practices of the Roman Catholic Church of his era. He then emphasizes the difference between natural religion and revealed religion in order to extinguish the claim of contemporary theologians to an authority in the state greater than that of the political sovereign. Although, according to the author, Hobbes falters in carrying out his politico/theological project, his careful, radical and innovative attempt to describe the relationship of religion and politics, church and state, has special relevance for us today, as forms of religious fundamentalism in many countries are increasingly claiming and, in some cases, winning control of political institutions.

Rousseau's Political Imagination

Author : Patrick Coleman
Publisher : Librairie Droz
Page : 202 pages
File Size : 52,7 Mb
Release : 1984
Category : Performing arts in literature
ISBN : 2600036024

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Rousseau's Political Imagination by Patrick Coleman Pdf

Defining a British State

Author : L. Steffen
Publisher : Springer
Page : 245 pages
File Size : 49,8 Mb
Release : 2001-05-04
Category : Political Science
ISBN : 9780230513754

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Defining a British State by L. Steffen Pdf

Explores the formation of the British state and national identity from 1603-1820 by examining the definitions of sovereignty and allegiance presented in treason trials. The king's person remained central to national identity and the state until republican challenges forced prosecutors in treason trials to innovate and redefine sovereign authority.

Staging Power in Tudor and Stuart English History Plays

Author : Dr Kristin M. S. Bezio
Publisher : Ashgate Publishing, Ltd.
Page : 258 pages
File Size : 55,6 Mb
Release : 2015-11-28
Category : Literary Criticism
ISBN : 9781472465139

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Staging Power in Tudor and Stuart English History Plays by Dr Kristin M. S. Bezio Pdf

Staging Power in Tudor and Stuart English History Plays examines the changing ideological conceptions of sovereignty and their on-stage representations in the public theaters during the Elizabethan and early Stuart periods (1580–1642). The study examines the way in which the early modern stage presented a critical dialogue concerning the nature of sovereignty through the lens of specifically English history, focusing in particular on the presentation and representation of monarchy. It presents the subgenre of the English history play as a specific reaction to the surrounding political context capable of engaging with and influencing popular and elite conceptions of monarchy and government. This project is the first of its kind to specifically situate the early modern debate on sovereignty within a 'popular culture' dramatic context; its purpose is not only to provide an historical timeline of English political theory pertaining to monarchy, but to situate the drama as a significant influence on the production and dissemination thereof during the Tudor and Stuart periods. Some of the plays considered here, notably those by Shakespeare and Marlowe, have been extensively and thoroughly studied. But others-such as Edmund Ironside, Sir Thomas Wyatt, and King John and Matilda-have not previously been the focus of much critical attention.

The New Cambridge Bibliography of English Literature

Author : George Watson,Ian Roy Willison
Publisher : CUP Archive
Page : 1296 pages
File Size : 50,8 Mb
Release : 1974
Category : English literature
ISBN : 8210379456XXX

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The New Cambridge Bibliography of English Literature by George Watson,Ian Roy Willison Pdf

Subjects and Sovereigns

Author : Corinne Comstock Weston,Janelle Renfrow Greenberg
Publisher : Cambridge University Press
Page : 440 pages
File Size : 55,8 Mb
Release : 2003-12-11
Category : History
ISBN : 0521892864

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Subjects and Sovereigns by Corinne Comstock Weston,Janelle Renfrow Greenberg Pdf

The book charts the establishment of the modern idea of parliamentary sovereignty.