The Aristocracy Of The Long Robe

Author : Jack M. Sosin
Publisher : Praeger
Page : 388 pages
File Size : 49,7 Mb
Release : 1989-09-26
Category : Law
ISBN : UOM:39015015526711

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The Aristocracy of the Long Robe by Jack M. Sosin Pdf

Is judicial review constitutionally required or even authorized? Can it be said whether the federal courts exercise this power with the consent of the electorate? Sosin addresses these challenging questions in the broad context of the Anglo-American historical experience. He examines the evolution of courts of judicature and legislatures and the contests for power that were waged from the seventeenth to eighteenth century. The origins of the English court system and the establishment of common law are first described. The author traces the rise in judicial and parliamentary power that occurred with the erosion of the royal prerogative and discusses the constitutional and legal heritage that provided the framework for law, courts, and legislatures in colonial America. Following an examination of political, legislative, and legal development during the colonial period, Sosin looks at the philosophical and ideological controversies that influenced the framing of the Constitution, particulary the conflicting views of the proper relationship between the legislature and judiciary. Despite the emphatic opposition voiced by some framers to giving judges the power to overturn legislative action by ruling on the constitutionality of federal laws, the Supreme Court was able to declare itself the final arbiter and ultimate interpreter of the Constitution as early as the first decade of the nineteenth century. The author's analysis indicates that the Court's assumption of the power of judicial review was neither inevitable politically nor the logical result of the founders desire to limit government and protect the rights of individuals against interferences by public authority. Echoing early English and American political figures, Sosin asks whether this expanded, arbitrary judicial power can be considered appropriate in a representative democracy. The product of meticulous research and careful historical analysis, this provocative study will be relevant reading for a variety of courses in American government, political science, and history.

Author : Franklin Lewis Ford
Publisher : Unknown
Page : 352 pages
File Size : 40,5 Mb
Release : 1962
Category : Aristocracy (Social class)
ISBN : STANFORD:36105013438044

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Robe and Sword by Franklin Lewis Ford Pdf

Author : Malcolm Barnard
Publisher : Routledge
Page : 228 pages
File Size : 47,7 Mb
Release : 2013-10-18
Category : Language Arts & Disciplines
ISBN : 9781136413049

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Fashion as Communication by Malcolm Barnard Pdf

What kinds of things do fashion and clothing say about us? What does it mean to wear Gap or Gaultier, Milletts or Moschino? Are there any real differences between Hip-Hop style and Punk anti-styles? In this fully revised and updated edition, Malcolm Barnard introduces fashion and clothing as ways of communicating and challenging class, gender, sexual and social identities. Drawing on a range of theoretical approaches from Barthes and Baudrillard to Marxist, psychoanalytic and feminist theory, Barnard addresses the ambivalent status of fashion in contemporary culture.

Author : Franklin L. Ford
Publisher : Unknown
Page : 0 pages
File Size : 41,6 Mb
Release : 1953
Category : History
ISBN : 0674774159

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Robe and Sword by Franklin L. Ford Pdf

With the passing of Louis XIV, the old hostility between the robe and the sword, between men who were acutely aware of their high judicial dignities and other men who felt themselves superior to all whose status rested on anything but valor, actual or ancestral, began with renewed vigor. The struggle for political power between two antagonistic groups of aristocrats is the substance of Mr. Ford's absorbing book.

Author : Oxford University Press
Publisher : Oxford University Press, USA
Page : 39 pages
File Size : 44,8 Mb
Release : 2010-06-01
Category : History
ISBN : 9780199809356

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France: Oxford Bibliographies Online Research Guide by Oxford University Press Pdf

This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. This ebook is a static version of an article from Oxford Bibliographies Online: Renaissance and Reformation, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of European history and culture between the 14th and 17th centuries. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.oxfordbibliographies.com.

Author : Franklin Lewis Ford
Publisher : Unknown
Page : 280 pages
File Size : 53,6 Mb
Release : 1953
Category : France
ISBN : LCCN:52001226

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Robe and sword. The regrouping of the French aristocracy after Louis XIV.[Illustr.] by Franklin Lewis Ford Pdf

Author : William E. Nelson
Publisher : University Press of Kansas
Page : 184 pages
File Size : 50,8 Mb
Release : 2018-05-19
Category : Law
ISBN : 9780700626403

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Marbury v. Madison by William E. Nelson Pdf

On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court’s standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution. Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court’s prestige and power rather than have it serve partisan political agendas. Nelson expands upon his original historical analysis by providing a more complete and nuanced account of eighteenth-century constitutionalism and the early development of judicial review. The new material includes chapters on nullification of legislation in local courts, James Otis’s articulation of the doctrine of judicial review in the Writs of Assistance Case, the use of this doctrine in response to the Stamp Act and Townshend Act, and the expansion of judicial review in the State Cases. This revised and expanded edition provides a fuller picture of colonial America and a richer understanding of Marshall’s foundational decision.

Author : Charles F. Hobson
Publisher : Unknown
Page : 278 pages
File Size : 41,6 Mb
Release : 1996
Category : Biography & Autobiography
ISBN : UOM:39015038031616

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The Great Chief Justice by Charles F. Hobson Pdf

"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Author : J. D. Osborne
Publisher : Unknown
Page : 124 pages
File Size : 47,9 Mb
Release : 1881
Category : Bibliographical literature
ISBN : NYPL:33433082018882

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Some French Bibliographies by J. D. Osborne Pdf

Author : Peter Charles Hoffer
Publisher : JHU Press
Page : 228 pages
File Size : 41,5 Mb
Release : 1998-02-27
Category : History
ISBN : 080185816X

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Law and People in Colonial America by Peter Charles Hoffer Pdf

For the men and women of colonial America, Peter Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war of independence, American revolutionaries labored to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Fully updated to take account of recent scholarship, this revised edition also offers a fresh look at the legal experiences of American Indians, Spaniard, and the French as people on the edges of English settlement. How did English law deal with neighboring societies? How does this posture help up to understand English law and the changes the New World forced upon it? How did non-English-speaking people view English law? Law and People in Colonial America provides a rigorous and lively introduction to early American law. It makes for essential reading.

Author : Richard Mowery Andrews
Publisher : Cambridge University Press
Page : 642 pages
File Size : 43,5 Mb
Release : 1994-04-29
Category : History
ISBN : 0521361699

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Law, Magistracy, and Crime in Old Regime Paris, 1735-1789: Volume 1, The System of Criminal Justice by Richard Mowery Andrews Pdf

The first of two volumes centred around the two great courts of eighteenth-century Paris.

Author : Howard Abadinsky
Publisher : Waveland Press
Page : 425 pages
File Size : 41,9 Mb
Release : 2020-08-17
Category : Social Science
ISBN : 9781478645948

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Law, Courts, and Justice in America by Howard Abadinsky Pdf

The eighth edition offers an updated and streamlined examination of the American system of law, courts, and justice. Part I (Law) reviews the history of courts and justice, common law and civil law systems, as well as law schools and legal education. Part II (Courts) discusses lawyers and the practice of law; unravels the structure and administration of federal and state court systems; delineates the appellate process, the Supreme Court, and judicial review; and describes the roles of judges, prosecutors, and criminal defense attorneys. Part III (Justice) demystifies the criminal justice process, negotiated justice, civil justice, juvenile justice, and alternative forms of justice. Throughout the book, landmark cases, important historical events, illustrative examples, and boxed items highlight or expand chapter content. Each of the twelve chapters concludes with an extensive summary, a list of key terms, and review questions. There is also a glossary that provides a summary of important terms.

Author : Scott Douglas Gerber
Publisher : NYU Press
Page : 496 pages
File Size : 44,9 Mb
Release : 1995-06-01
Category : Political Science
ISBN : 9780814732502

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To Secure These Rights by Scott Douglas Gerber Pdf

To Secure These Rights enters the fascinating--and often contentious--debate over constitutional interpretation. Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life. Importantly, the theory advanced in this book--what Gerber calls liberal originalism--is neither consistently liberal nor consistently conservative in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, to secure these rights, governments are instituted among men. In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.

Author : David E. Kyvig
Publisher : University Press of Kansas
Page : 670 pages
File Size : 40,5 Mb
Release : 2016-03-14
Category : Political Science
ISBN : 9780700622290

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Explicit and Authentic Acts by David E. Kyvig Pdf

In time for the 225th anniversary of the Bill of Rights, David Kyvig completed an Afterword to his landmark study of the process of amending the US Constitution. The Afterword discusses the many amendments, such those requiring a balanced federal budget or limiting the terms of members of Congress, that have been proposed since the book was originally published and why they failed of passage. At a time when prominent scholars and other public figures have called for a constitutional convention to write a new constitution, arguing that our current system of governance is unsustainable Kyvig reminds us of the high hurdles the founders created to amending the constitution and how they have served the country well, preventing the amendment process from being used by one faction to serve the passions of the moment. In his farewell address, President Washington reminded his audience that the Constitution, "till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all." He regarded the Constitution as a binding document worthy of devout allegiance, but also believed that it contains a clear and appropriate procedure for its own reform. David Kyvig's illuminating study provides the most complete and insightful history of that amendment process and its fundamental importance for American political life. Over the course of the past two centuries, more than 10,000 amendments have been proposed by the method stipulated in Article V of the Constitution. Amazingly, only 33 have garnered the required two-thirds approval from both houses of Congress, and only 27 were ultimately ratified into law by the states. Despite their small number, those amendments have revolutionized American government while simultaneously legitimizing and preserving its continued existence. Indeed, they have dramatically altered the relationship between state and federal authority, as well as between government and private citizens. Kyvig reexamines the creation and operation of Article V, illuminating the process and substance of each major successful and failed effort to change the formal structure, duties, and limits of the federal government. He analyzes in detail the Founders' intentions; the periods of great amendment activity during the 1790s, 1860s, 1910s, and 1960s; and the considerable consequences of amendment failure involving slavery, alcohol prohibition, child labor, New Deal programs, school prayer, equal rights for women, abortion, balanced budgets, term limits, and flag desecration.

Author : H. Robert Baker
Publisher : Ohio University Press
Page : 276 pages
File Size : 40,6 Mb
Release : 2006-12-31
Category : History
ISBN : 9780821442142

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The Rescue of Joshua Glover by H. Robert Baker Pdf

On March 11, 1854, the people of Wisconsin prevented agents of the federal government from carrying away the fugitive slave, Joshua Glover. Assembling in mass outside the Milwaukee courthouse, they demanded that the federal officers respect his civil liberties as they would those of any other citizen of the state. When the officers refused, the crowd took matters into its own hands and rescued Joshua Glover. The federal government brought his rescuers to trial, but the Wisconsin Supreme Court intervened and took the bold step of ruling the Fugitive Slave Act unconstitutional. The Rescue of Joshua Glover delves into the courtroom trials, political battles, and cultural equivocation precipitated by Joshua Glover’s brief, but enormously important, appearance in Wisconsin on the eve of the Civil War. H. Robert Baker articulates the many ways in which this case evoked powerful emotions in antebellum America, just as the stage adaptation of Uncle Tom’s Cabin was touring the country and stirring antislavery sentiments. Terribly conflicted about race, Americans struggled mightily with a revolutionary heritage that sanctified liberty but also brooked compromise with slavery. Nevertheless, as The Rescue of Joshua Glover demonstrates, they maintained the principle that the people themselves were the last defenders of constitutional liberty, even as Glover’s rescue raised troubling questions about citizenship and the place of free blacks in America.