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A Dialogue Between a Philosopher and a Student, of the Common Laws of England
This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, "Questions relative to Hereditary Right", discovered and edited by Quentin Skinner. The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doc...
Political Concepts
This book offers a sophisticated analysis of central political concepts in the light of recent debates in political theory. It introduces readers to some of the main interpretations, pointing out their strengths and weaknesses, including a broad range of the main concepts used in contemporary debates on political theory. It tackles the principle concepts employed to justify any policy or institution and examines the main domestic purposes and functions of the state. It goes on to study the relationship between state and civil society and finally looks beyond the state to issues of global concern and inter-state relations.
Parliamentary Sovereignty
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
James VI and I
James VI and I was the first king to rule both England and Scotland. He was unique among British monarchs in his determination to communicate his ideas by means of print, pen, and spoken word. James's own work as an author is one of the themes of this volume. One essay also sheds new light on his role as a patron and protector of plays and players. A second theme is the king's response to the problems posed by religious divisions in the British Isles and Europe as a whole. Various contributors to this collection elucidate James's own religious beliefs and their expression, his efforts before 1603 to counter a potential Catholic claim to the English throne, his attempted appropriation of scripture in support of his own authority, and his distinctive vision of imperial kingship in Britain. Some different reactions to the king, to his expression of his ideas and to the implementation of his policies form this book's third theme. They include the vigorous resistance to his attempt to change Scottish religious practice, and the sharply contrasting assessments of his life and reign written after James's death.
The Constitutionalist Revolution
An innovative account of English constitutional ideas from the mid-fifteenth century to the time of Charles I, showing how the emergence of grand claims for common law, the country's strange unwritten legal system, shaped England's cultural development. Though he does not neglect the role of narrowly religious disagreements, Cromartie brings out the way that 'religious' and 'secular' values came to be closely intertwined: to the majority of Charles's subjects, the rights of the clergy and the king were legal rights; the institutional structure of Church and state was an expression of monarchical power, obedience to the king and to the law was a religious duty. A proper understanding of this cluster of ideas reveals why Charles found England so difficult to control and why both parties in the civil war believed that they were fighting for established institutions.
The Nature of Customary Law
Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
The Liberal Way of War
Examining some of the huge challenges that liberal States faced in the decade after 11 September 2001, the chapters in this book address three aspects of the impact of more than a decade of military action.This book begins by considering four different expressions of universalist moral aspirations, including the prohibition of torture, and discusses migration and ’responsibility to protect,’ as well as the United Nations Human Rights Committee's Concluding Observations about security and liberty in the last decade. International humanitarian law and the problems posed by the territorial character of war and the effects of new technologies and child soldiers are also analysed. Finally, Islamic law and its interface with international law is considered from a new perspective, and contributions in this final part offer a different way of thinking about an authentically Islamic modernisation that would be compatible with Western models of political order. With contributions from international lawyers from diverse backgrounds, this book fills an important gap in the literature on the themes of international human rights law, international humanitarian law and Islamic law.
The Puritan Literary Tradition
What is meant by the Puritan literary tradition, and when did the idea of Puritan literature, as distinct from Puritan beliefs and practices, come into being? The answer is not straightforward. This volume addresses these questions by bringing together new research on a wide range of established and emerging literary subjects that help to articulate the Puritan literary tradition, including: political polemic and the performing arts; conversion and New-World narratives; individual and corporate life-writings; histories of exile and womens history; book history and the translation and circulation of Puritan literature abroad; Puritan epistolary networks; discourses of Puritan friendship; the ...
A Trial of Witches
In 1662, Amy Denny and Rose Cullender were accused of witchcraft, and, in one of the most important of such cases in England, stood trial and were hanged in Bury St Edmunds. A Trial of Witches is a complete account of this sensational trial and an analysis of the court procedures, and the larger social, cultural and political concerns of the period. In a critique of the official process, the book details how the erroneous conclusions of the trial were achieved. The authors consider the key participants in the case, including the judge and medical witness, their institutional importance, their part in the fate of the women and their future careers. Through detailed research of primary sources, the authors explore the important implications of this case for the understanding of hysteria, group mentality, social forces and the witchcraft phenomenon as a whole.
