Description : The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.
Description : The essays in this volume investigate themes related to the place of law in Byzantine ideology and society. Although the Byzantines had a formal legal system, deriving from Justinian's codification, this does not solve the problem but rather poses important questions. Was this a society which was meant to be governed by law? For answers, one must look at the intent of the legislators (to address specific problems, or to order society according to an ideal pattern?); the attitudes toward the law; the relationship between law, religion, literature, and art. What were the spheres--political, economic, private--that the laws and the lawgivers sought to regulate? The concepts of law and justice are quite different from each other, and the relationship between them is investigated here. Of importance also, in this medieval society, are the connections between law and religion. There is the problem of the provenance of the law--whether the Emperor or God himself is the source of law--and the broad implications of the answer. At another level, ecclesiastical law was very important for everyday life, and the question arises of how much knowledge people had of it and how profound was their knowledge. Both people's perceptions and their practices were shaped by their views of human justice and divine justice: whether these coincided, and whether they were administered through the same means, for the intervention of saints or icons might be seen as an alternative to human justice. As for human justice, there are questions that involve both society's view of it and the education, knowledge, and interests of those who administered it. Such issues are present in all medieval societies; the case of Byzantium is of particular interest because of the interplay between formal law and the conceptualizations and practicesâe"some quite divergent from the ostensible purpose of legislationâe"which affected the legislators, the practitioners, and all of society.
Description : Juan de Mariana's 1599 treatise On the King and the Education of the King has generally been regarded as one of the early stepping stones towards a modern pluralist and democratic thought. Yet when his work is studied in detail and put into the context of Spanish and the wider European politics, and the ongoing dynamics of the Catholic Reformation, it can convincingly be argued that this is a misleading view. Instead, this book presents the case for viewing Mariana as a champion of Christian moral reform, concerned with the transformation of the Spanish monarchy under the leadership of the Church.
Description : The book outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.
Description : Originally published in 1957, this classic work has guided generations of scholars through the arcane mysteries of medieval political theology. Throughout history, the notion of two bodies has permitted the post mortem continuity of monarch and monarchy, as epitomized by the statement, "The king is dead. Long live the king." In The King's Two Bodies, Ernst Kantorowicz traces the historical problem posed by the "King's two bodies"--the body natural and the body politic--back to the Middle Ages and demonstrates, by placing the concept in its proper setting of medieval thought and political theory, how the early-modern Western monarchies gradually began to develop a "political theology." The king's natural body has physical attributes, suffers, and dies, naturally, as do all humans; but the king's other body, the spiritual body, transcends the earthly and serves as a symbol of his office as majesty with the divine right to rule. The notion of the two bodies allowed for the continuity of monarchy even when the monarch died, as summed up in the formulation "The king is dead. Long live the king." Bringing together liturgical works, images, and polemical material, The King's Two Bodies explores the long Christian past behind this "political theology." It provides a subtle history of how commonwealths developed symbolic means for establishing their sovereignty and, with such means, began to establish early forms of the nation-state. Kantorowicz fled Nazi Germany in 1938, after refusing to sign a Nazi loyalty oath, and settled in the United States. While teaching at the University of California, Berkeley, he once again refused to sign an oath of allegiance, this one designed to identify Communist Party sympathizers. He was dismissed as a result of the controversy and moved to the Institute for Advanced Study in Princeton, where he remained for the rest of his life, and where he wrote The King's Two Bodies. Featuring a new introduction, The King's Two Bodies is a subtle history of how commonwealths developed symbolic means for establishing their sovereignty and, with such means, began to establish early forms of the nation-state.
Description : Vinogradoff, Paul, editor. Essays in Legal History Read Before the International Congress of Historical Studies Held in London in 1913. London: Oxford University Press, 1913. viii, 396 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-351-0. Cloth. $85. * Complete text of papers read at the International Congress, in their native tongue, edited by Paul Vinogradoff, who presided over the section. The collection of 20 includes essays given by Gierke, Hazeltine, and Huebner, as well as "The Numismatic Illustrations of the History of Roman Law" by E. C. Clark, "The Transformation of Equity" by Sir Frederick Pollock, "The Influence of Coke on the Development of English Law" by W.S. Holdsworth, and "La Maxime Princeps Legibus Solutus est dans l'ancien Droit public francais" by E. Esmein.
Description : Günther’s book demonstrates that most objections to moral and legal principles are directed not against the validity of principles but against the manner of their application. If one distinguishes between the justification of a principle and its appropriate application, then the claim that the application of the principle in each individual case follows automatically from its universal justification proves to be a misunderstanding. Günther develops this distinction with the help of Habermas’s discourse theory of morality. He then employs it to extend Kohlberg’s theory of moral development and to defend this against Gilligan’s critique. In the third and fourth parts of the book, Günther shows—in debate with Hare, Dworkin, and others—how argumentation on the appropriate application of norms and principles in morality and law is possible.