Medieval Law and the Foundations of the State - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Medieval Law and the Foundations of the State write by Alan Harding. This book was released on 2002-01-03. Medieval Law and the Foundations of the State available in PDF, EPUB and Kindle. The state is the most powerful and contested of political ideas, loved for its promise of order but hated for its threat of coercion. In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force. He explores how the word 'state' was used by medieval rulers and their ministers and connects the growth of the idea of the state with the development of systems for the administration of justice and the enforcement of peace. He shows how these systems provided new models for government from the centre, successfully in France and England but less so in Germany. The courts and legislation of French and English kings are described establishing public order, defining rights to property and liberty, and structuring commonwealths by 'estates'. In the final chapters the author reveals how the concept of the state was taken up by political commentators in the wars of the later Middle Ages and the Reformation Period, and how the law-based 'state of the king and the kingdom' was transformed into the politically dynamic 'modern state'.
Medieval Law and the Foundations of the State
Medieval Law and the Foundations of the State - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Medieval Law and the Foundations of the State write by Alan Harding. This book was released on 2002. Medieval Law and the Foundations of the State available in PDF, EPUB and Kindle. In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force.
Historical and Theological Foundations of Law
Historical and Theological Foundations of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Historical and Theological Foundations of Law write by John Eidsmoe. This book was released on 2016. Historical and Theological Foundations of Law available in PDF, EPUB and Kindle. What is the Law? Where does it get its authority? With unparalleled scope and minute detail, Historical &Theological Foundations of Law studies the earliest origins of Law in the legal systems of ancient societies all across the earth, explores their common threads and differences, traces their development through history, and notes common trends that should cause hope or alarm today. Volume I: Ancient Wisdom. Book I, The Foundation begins by exploring the laws of ancient civilizations: Egyptian stability, Babylonian precision, Persian enlightenment, Indian philosophy, Chinese Taoism/Buddhism/Confucianism, Polynesian kapu, Incan absolutism and efficiency, Mayan oligarchy, Aztec judicial independence, Cheyenne volunteerism, and the Iroquois Confederacy's sage balancing of power. How did these systems arise? What are the trends? Polytheism to monotheism, or monotheism to polytheism? Decentralization or centralization of power? Fewer laws or more laws? Gentleness or brutality? Book II, The Cornerstone, focuses on a unique people who many believe have influenced the world more than any other. In a canon of 39 books, the Hebrews established the Tanakh (Old Testament). How did the Hebrew constitution function, and upon what precepts was it based? Are the Ten Commandments truly the foundation of Western Law? Why is their influence so often overlooked today? Volume II: Classical and Medieval. Book III, The Structure, turns to Greece and Rome. Hailed as the birthplace of democracy, the Athenian system was unstable, inefficient, and short-lived. Nevertheless, Plato laid a philosophical basis for natural law, and Aristotle provided a foundation for justice. Rome had a genius for law and organization, but the constitutional constraints of the Republic gradually gave way to the Empire. However, the followers of Christ, once a persecuted minority, came to rule the Empire and put a Christian stamp on Roman law. Out of Roman law the rise of the Canon law of the Church occurs. The Sharia law of Islam is also surveyed. Book IV, The Centerpiece, begins with the Dark Ages--the darkness of the womb, out of which was born the Common Law. From the Celtic mists, with the Druids and their Brehon lawyers, St. Patrick and the Senchus Mor, the Anglo-Saxons in the forests of Germany with their witans and juries which they brought to Britain, Alfred the Great who began his Book of Dooms with the Ten Commandments, to the Norman Conquest and the warfare between the centralizing Norman kings and their opponents, the precepts and institutions of the Common Law took form. What is the Common Law? If it is so common, why is it so seldom defined? How does it relate to Canon law or civil law? And is it Christian, Roman, or a fusion of both? Volume III: Reformation and Colonial. Book V, The Pinnacle, examines the Lutheran and Calvinist Reformations, whereby the doctrines of justification by grace through faith and the priesthood of all believers led to republican concepts of government by consent of the governed, social contract, God-given rights, and justified resistance against tyranny. Constitutional jurists such as Selden, Milton, Coke, Althusius, Grotius, Locke, Montesquieu, and Blackstone fused Biblical theology with the Common Law. To take root and grow, the Common Law needed fresh soil. In Book VI, The Beacon, the Anglicans establish the Common Law in Jamestown and the Southern Colonies, Puritans in the New England Colonies, Presbyterians, Quakers, Catholics, and others in the Middle Colonies. In 1776 they took the ultimate republican step of declaring independence. When, in 1787, 55 delegates gathered in Independence Hall to draft a Constitution, they did not write on a blank slate. Rather, they were prepared with thousands of years of "echoes of Eden," Holy Writ, and the Common Law. The event, Washington said, was "in the hands of God." This book provides information and answers, but just as important are the questions it raises about the nature, purpose, and source of law. Jurists have articulated it, philosophers have theorized about it, theologians have explored the moral principles that underlie it. Statesmen have enacted it, judges have interpreted it, sheriffs have enforced it, soldiers have defended it, kings have implemented it. And then, after the fact, people have written about it, to try to explain what it is, and what it should be. This is a journey worth taking, for its insight into mankind's legal heritage. The truths contained in these volumes will reverberate to future generations who may well need reminding, even as needed today, of the foundations as well as the Founder of the unique American system of Law.
The Laws of Late Medieval Italy (1000-1500)
The Laws of Late Medieval Italy (1000-1500) - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Laws of Late Medieval Italy (1000-1500) write by Mario Ascheri. This book was released on 2013-07-11. The Laws of Late Medieval Italy (1000-1500) available in PDF, EPUB and Kindle. In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Kingship and Law in the Middle Ages
Kingship and Law in the Middle Ages - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Kingship and Law in the Middle Ages write by Fritz Kern. This book was released on 2023-11-26. Kingship and Law in the Middle Ages available in PDF, EPUB and Kindle. Originally published in 1914, Kingship and Law in the Middle Ages by Fritz Kern is one of the most important studies of early constitutional law. In this book Kern highlights the well-established traditions of the medieval state-its foundation on justice; the supremacy of the law; and the cooperation, with reciprocal rights and duties, of the monarch and folk in maintaining the law-and undertakes a thorough examination of the relevant legal theory underlying kingship in the early Middle Ages. How, he asks, did medieval canonists and jurists view the relationship between the rights of the monarch and those of the populace? Kern shows the origins of this debate to have stemmed from both church doctrine and the politics of early German states, which then set the ground for constitutional theory and modern liberalism. Kingship and Law in the Middle Ages remains an exceptionally informative study of the origins and development of constitutional government. "The present volume makes available in English one of the classical expositions of early medieval kingship."-FRANKLIN L. BAUMER, American Historical Review "No lawyer and no constitutional historian should overlook this volume. There is no question whatever as to the general importance of Kern's work."-B. WILKINSON, University of Toronto Law Journal
