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Habeas Corpus
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This ...
Revolutionising Politics
In a series of wide-ranging chapters on politics in thought, word and deed, twelve colleagues of the late Mark Kishlansky reconsider the history of the English Revolution, engaging and often challenging Kishlansky's own conclusions.
Judges and Judging in the History of the Common Law and Civil Law
In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
Virginia 1619
Virginia 1619 provides an opportunity to reflect on the origins of English colonialism around the Chesapeake Bay and the Atlantic world. As the essays here demonstrate, Anglo-Americans have been simultaneously experimenting with representative government and struggling with the corrosive legacy of racial thinking for more than four centuries. Virginia, contrary to popular stereotypes, was not the product of thoughtless, greedy, or impatient English colonists. Instead, the emergence of stable English Atlantic colonies reflected the deliberate efforts of an array of actors to establish new societies based on their ideas about commonwealth, commerce, and colonialism. Looking back from 2019, we can understand that what happened on the shores of the Chesapeake four hundred years ago was no accident.
Dismembering the Body Politic
This is a major survey of how towns were governed in late Stuart and early Hanoverian England. A new kind of politics emerged out of England's Civil War: partisan politics. This happened first in the corporations governing the towns, and not at Parliament as is usually argued. Based on an examination of the records of scores of corporations, this book explains how war unleashed a cycle of purge and counter-purge which continued for decades. It also explains how a society that feared a system of politics based on division found the means to absorb it peacefully. As conflict sharpened in communities everywhere, local competitors turned to the court of King's Bench to resolve their differences. In doing so, they prompted the court to develop a new body of law that protected local governments from the divisive impulses within them.
The Oxford Handbook of English Law and Literature, 1500-1700
"This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictio...
Rage for Order
Lauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.
The Footnote
In this engrossing account, footnotes to history give way to footnotes as history, recounting in their subtle way the curious story of the progress of knowledge in written form.
Language Topics
This second volume in honour of Michael Halliday contains three sections: The Design of Language, Text and Discourse and Exploring Language as Social Semiotic, and concludes with a recent interview conducted by Paul Thibault in which Halliday provides further insights in his theory of language. The essential design features of language are semantic, lexico-grammatical and phonological. Text for Halliday is a semantic unit expressed by the lexico-grammatical and phonological patterns in language. The papers in the first section study aspects of these three strata of language and the relation between them. The second section deals with units higher than the clause complex and the papers there attempt to integrate the analysis of the lexico-grammatical and phonological systems into higher level discourse units. The papers in the third section develop the notion of language as social semiotic which is central to Haliday’s model of language.
Laws of Men and Laws of Nature
Tal Golan charts the use of expert testimony in British and American courtrooms from the 18th century to the present day. He assesses the standing of the expert witness, which has in recent years declined amid courtroom drama and media jeering.
