The Medieval Constitution Of Liberty

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The Medieval Constitution of Liberty

Alexander William Salter,Andrew T Young
The Medieval Constitution of Liberty Book PDF

Author : Alexander William Salter,Andrew T Young
Publisher : University of Michigan Press
Page : 311 pages
File Size : 44,8 Mb
Release : 2023-08-08
Category : Political Science
ISBN : 9780472903351

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The Medieval Constitution of Liberty by Alexander William Salter,Andrew T Young Pdf

Why did enduring traditions of economic and political liberty emerge in Western Europe and not elsewhere? Representative democracy, constitutionalism, and the rule of law are crucial for establishing a just and prosperous society, which we usually treat as the fruits of the Renaissance and Enlightenment, as Western European societies put the Dark Ages behind them. In The Medieval Constitution of Liberty, Salter and Young point instead to the constitutional order that characterized the High Middle Ages. They provide a historical account of how this constitutional order evolved following the fall of the Western Roman Empire. This account runs from the settlements of militarized Germanic elites within the imperial frontiers, to the host of successor kingdoms in the sixth and seventh centuries, and through the short-lived Carolingian empire of the late eighth and ninth centuries and the so-called “feudal anarchy” that followed its demise. Given this unique historical backdrop, Salter and Young consider the resulting structures of political property rights. They argue that the historical reality approximated a constitutional ideal type, which they term polycentric sovereignty. Salter and Young provide a theoretical analysis of polycentric sovereignty, arguing that bargains between political property rights holders within that sort of constitutional order will lead to improvements in governance.

The Constitution of Liberty

F.A. Hayek
The Constitution of Liberty Book PDF

Author : F.A. Hayek
Publisher : Routledge
Page : 588 pages
File Size : 54,5 Mb
Release : 2020-06-29
Category : Business & Economics
ISBN : 9780429637971

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The Constitution of Liberty by F.A. Hayek Pdf

Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.

Law, Liberty and the Constitution

Harry Potter
Law Liberty and the Constitution Book PDF

Author : Harry Potter
Publisher : Boydell & Brewer Ltd
Page : 364 pages
File Size : 43,8 Mb
Release : 2015
Category : Law
ISBN : 9781783270118

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Law, Liberty and the Constitution by Harry Potter Pdf

Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England's constitution. This accessible and entertaining history traces the growth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties. This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predating that of any other European country - from almost wholly Anglo-Saxon elements. Yet by the seventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism. Devoid of jargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history and wrote and presented an award-winning series on the history of the common law for the BBC.

Constitutionalism

Charles Howard McIlwain
Constitutionalism Book PDF

Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
Page : 172 pages
File Size : 55,9 Mb
Release : 2005
Category : Constitutional history
ISBN : 9781584775508

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Constitutionalism by Charles Howard McIlwain Pdf

Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

Liberty and Coercion

Gary Gerstle
Liberty and Coercion Book PDF

Author : Gary Gerstle
Publisher : Princeton University Press
Page : 470 pages
File Size : 43,8 Mb
Release : 2017-10-24
Category : History
ISBN : 9780691178219

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Liberty and Coercion by Gary Gerstle Pdf

How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.

The Roots of Liberty

Ellis Sandoz
The Roots of Liberty Book PDF

Author : Ellis Sandoz
Publisher : Amagi Books
Page : 0 pages
File Size : 40,9 Mb
Release : 2008
Category : Law
ISBN : 0865977097

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The Roots of Liberty by Ellis Sandoz Pdf

The Roots of Liberty is a critical collection of essays on the origin and nature of the often elusive idea of the nature of liberty. Throughout this book, the original and thought-provoking views from scholars J C Holt, Christopher W Brooks, Paul Christianson, and John Phillip Reid offer insights into the development of English ideas of liberty and the relationship those ideas hold to modern conceptions of rule of law. Ellis Sandoz's introduction details Fortescue's vision of the constitution and places each of the essays in historiographical context. Corrine C. Weston's spirited epilogue evaluates the essays' arguments.

The British Constitution: A Very Short Introduction

Martin Loughlin
The British Constitution A Very Short Introduction Book PDF

Author : Martin Loughlin
Publisher : Oxford University Press
Page : 145 pages
File Size : 50,5 Mb
Release : 2023-09-26
Category : Law
ISBN : 9780192648365

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The British Constitution: A Very Short Introduction by Martin Loughlin Pdf

Very Short Introductions: Brilliant, Sharp, Inspiring The British constitution is regarded as unique among the constitutions of the world. What are the main characteristics of Britain's peculiar constitutional arrangements? How has the British constitution altered in response to the changing nature of its state - from England, to Britain, to the United Kingdom? What impact has the UK's developing relations with the European Union caused? These are some of the questions that Martin Loughlin addresses in this Very Short Introduction. As a constitution, it is one that has grown organically in response to changes in the economic, political, and social environment, and which is not contained in a single authoritative text. By considering the nature and authority of the current British constitution, and placing it in the context of others, Loughlin considers how the traditional idea of a constitution came to be retained, what problems have been generated as a result of adapting a traditional approach in a modern political world, looking at what the future prospects for the British constitution are. In this new edition of the Very Short Introduction, Loughlin includes a disucssion of the impact of developments over the decade since its first publication, examining Brexit, the Scottish independence referendum of 2014, and the settlement in Northern Ireland. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The Calculus of Consent

James M. Buchanan,Gordon Tullock
The Calculus of Consent Book PDF

Author : James M. Buchanan,Gordon Tullock
Publisher : University of Michigan Press
Page : 388 pages
File Size : 43,8 Mb
Release : 1965
Category : Decision-making
ISBN : 0472061003

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The Calculus of Consent by James M. Buchanan,Gordon Tullock Pdf

A scientific study of the political and economic factors influencing democratic decision making

A Source Book for Mediæval History

Oliver J. Thatcher,Edgar Holmes McNeal
A Source Book for Medi val History Book PDF

Author : Oliver J. Thatcher,Edgar Holmes McNeal
Publisher : Good Press
Page : 512 pages
File Size : 52,5 Mb
Release : 2019-11-22
Category : History
ISBN : EAN:4057664635907

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A Source Book for Mediæval History by Oliver J. Thatcher,Edgar Holmes McNeal Pdf

A Source Book for Mediæval History is a scholarly piece by Oliver J. Thatcher. It covers all major historical events and leaders from the Germania of Tacitus in the 1st century to the decrees of the Hanseatic League in the 13th century.

On Reading the Constitution

Laurence H. TRIBE,Michael C. Dorf,Laurence H Tribe
On Reading the Constitution Book PDF

Author : Laurence H. TRIBE,Michael C. Dorf,Laurence H Tribe
Publisher : Harvard University Press
Page : 157 pages
File Size : 47,9 Mb
Release : 2009-06-30
Category : Political Science
ISBN : 9780674044456

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On Reading the Constitution by Laurence H. TRIBE,Michael C. Dorf,Laurence H Tribe Pdf

Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Religious Freedom and the Constitution

Christopher L. Eisgruber,Lawrence G. Sager
Religious Freedom and the Constitution Book PDF

Author : Christopher L. Eisgruber,Lawrence G. Sager
Publisher : Harvard University Press
Page : 346 pages
File Size : 54,8 Mb
Release : 2010-04-10
Category : Political Science
ISBN : 9780674034457

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Religious Freedom and the Constitution by Christopher L. Eisgruber,Lawrence G. Sager Pdf

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Colonial Origins of the American Constitution

Donald S. Lutz
Colonial Origins of the American Constitution Book PDF

Author : Donald S. Lutz
Publisher : Unknown
Page : 448 pages
File Size : 40,8 Mb
Release : 1998
Category : History
ISBN : STANFORD:36105060994543

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Colonial Origins of the American Constitution by Donald S. Lutz Pdf

Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR

The English Constitution

Walter Bagehot
The English Constitution Book PDF

Author : Walter Bagehot
Publisher : Createspace Independent Publishing Platform
Page : 370 pages
File Size : 42,6 Mb
Release : 1867
Category : History
ISBN : NYPL:33433081652806

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The English Constitution by Walter Bagehot Pdf

There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.

The American Counter-Revolution in Favor of Liberty

Ivan Jankovic
The American Counter Revolution in Favor of Liberty Book PDF

Author : Ivan Jankovic
Publisher : Springer
Page : 279 pages
File Size : 40,7 Mb
Release : 2018-12-12
Category : Political Science
ISBN : 9783030037338

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The American Counter-Revolution in Favor of Liberty by Ivan Jankovic Pdf

This book presents the case that the origins of American liberty should not be sought in the constitutional-reformist feats of its “statesmen” during the 1780s, but rather in the political and social resistance to their efforts. There were two revolutions occurring in the late 18th century America: the modern European revolution “in favour of government,” pursuing national unity, “energetic” government and centralization of power (what scholars usually dub “American founding”); and a conservative, reactionary counter-revolution “in favour of liberty,” defending local rights and liberal individualism against the encroaching political authority. This is a book about this liberal counter-revolution and its ideological, political and cultural sources and central protagonists. The central analytical argument of the book is that America before the Revolution was a stateless, spontaneous political order that evolved culturally, politically and economically in isolation from the modern European trends of state-building and centralization of power. The book argues, then, that a better model for understanding America is a “decoupled modernization” hypothesis, in which social modernity is divested from the politics of modern state and tied with the pre-modern social institutions.

Freedom

Annelien De Dijn
Freedom Book PDF

Author : Annelien De Dijn
Publisher : Harvard University Press
Page : 433 pages
File Size : 44,7 Mb
Release : 2020-08-25
Category : Political Science
ISBN : 9780674245594

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Freedom by Annelien De Dijn Pdf

Winner of the PROSE Award An NRC Handelsblad Best Book of the Year “Ambitious and impressive...At a time when the very survival of both freedom and democracy seems uncertain, books like this are more important than ever.” —The Nation “Helps explain how partisans on both the right and the left can claim to be protectors of liberty, yet hold radically different understandings of its meaning...This deeply informed history of an idea has the potential to combat political polarization.” —Publishers Weekly “Ambitious and bold, this book will have an enormous impact on how we think about the place of freedom in the Western tradition.” —Samuel Moyn, author of Not Enough “Brings remarkable clarity to a big and messy subject...New insights and hard-hitting conclusions about the resistance to democracy make this essential reading for anyone interested in the roots of our current dilemmas.” —Lynn Hunt, author of History: Why It Matters For centuries people in the West identified freedom with the ability to exercise control over the way in which they were governed. The equation of liberty with restraints on state power—what most people today associate with freedom—was a deliberate and dramatic rupture with long-established ways of thinking. So what triggered this fateful reversal? In a masterful and surprising reappraisal of more than two thousand years of Western thinking about freedom, Annelien de Dijn argues that this was not the natural outcome of such secular trends as the growth of religious tolerance or the creation of market societies. Rather, it was propelled by an antidemocratic backlash following the French and American Revolutions. The notion that freedom is best preserved by shrinking the sphere of government was not invented by the revolutionaries who created our modern democracies—it was first conceived by their critics and opponents. De Dijn shows that far from following in the path of early American patriots, today’s critics of “big government” owe more to the counterrevolutionaries who tried to undo their work.