The English Revolution in Historiographical Perspective
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Sovereignty in British Legal Doctrine*
SOVEREIGNTY IN BRITISH LEGAL DOCTRINE* Joaquín Varela Suanzes-Carpegna I. INTRODUCTION.- II. FROM THE LOWER MIDDLE AGES TO THE REVOLUTION OF 1688.- 2.1. Bracton and Fortescue.- 2.2. The formulation of parliamentary soverignty under the Tudors.- 2.3. Absolutism and Constitutionalism under the Stuarts.- 2.4. The Rule of Law and Parliamentary Sovereignty Parliament.- III. SOVEREIGNTY IN JOHN LOCKE'S "SECOND TREATISE ON CIVIL GOVERNMENT".- 3.1. Government by the consent of the governed.- 3.2. The separation of powers.- 3.3. The supremacy and limits of the legislature.- 3.4. The sovereignty of the people.- IV. FROM HUME TO PALEY.- 4.1. David Hume, Locke's critic: Parliament is sovereign, not the people.- 4.2. William Blackstone's ambivalent attitude.- V. FROM BENTHAM TO DICEY.- 5.1. Jeremy Bentham and the sovereignty of the electoral body.- 5.2. John Austin and the House of Commons as trustee of the electorate.- 5.3. Dicey and the distinction between juridical and political sovereignty I. INTRODUCTION By titling this article 'Sovereignty in British Legal Doctrine' rather than 'The British Doctrine of Sovereignty' I wanted to underline that I am not only going to examine the doctrine of Parliamentary Sovereignty, genuinely British, but also the sovereignty of the people, which is common throughout western juridical and political theory. In reality, it is the juxtaposition between both doctrines of sovereignty that the following pages revolve around, which also address the link between Parliament and Judges or, expressed in a different manner, -
The Making of Englishmen Studies in the History of Political Thought
The Making of Englishmen Studies in the History of Political Thought Edited by Terence Ball, Arizona State University JÖrn Leonhard, Albert-Ludwigs-Universität Freiburg Wyger Velema, University of Amsterdam Advisory Board Janet Coleman, London School of Economics and Political Science, UK Vittor Ivo Comparato, University of Perugia, Italy Jacques Guilhaumou, CNRS, France John Marshall, Johns Hopkins University, Baltimore, USA Markku Peltonen, University of Helsinki, Finland VOLUME 8 The titles published in this series are listed at brill.com/ship The Making of Englishmen Debates on National Identity 1550–1650 By Hilary Larkin LEIDEN • BOSTON 2014 This is an open access title distributed under the terms of the CC BY-NC 4.0 license, which permits any non-commercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. Further information and the complete license text can be found at https://creativecommons.org/licenses/ by-nc/4.0/ The terms of the CC license apply only to the original material. The use of material from other sources (indicated by a reference) such as diagrams, illustrations, photos and text samples may require further permission from the respective copyright holder. An electronic version of this book is freely available, thanks to the support of libraries working with Knowledge Unlatched. More information about the initiative can be found at www. knowledgeunlatched.org. Cover illustration: Titian (c1545) Portrait of a Young Man (The Young Englishman). Galleria Palatina (Palazzo Pitti), Florence, Italy. Library of Congress Cataloging-in-Publication Data Larkin, Hilary. The making of Englishmen : debates on national identity, 1550-1650 / by Hilary Larkin. -
David Hume: the Making of a Philosophical Historian
David Hume: The Making of a Philosophical Historian A Reconsideration Moritz Baumstark Ph.D The University of Edinburgh 2007 DECLARATION The present PhD thesis has been composed by myself alone and represents my own work, which has not been submitted for any other degree or qualification. ______________________________ Moritz Baumstark ABSTRACT OF THESIS The thesis is concerned with the exploration of the interconnections between philosophy and history in David Hume’s work and seeks to provide a reassessment of his remarkable transition from metaphysical philosopher and polite essayist to philosophical and narrative historian. The first part of the thesis puts forth a detailed reappraisal of Hume’s intellectual preoccupations and literary pursuits in the crucial but neglected period 1748-1752, a period that witnessed Hume’s tour of several European courts in 1748, his intensive reading of the classics and his engagement with Montesquieu’s new system of socio-political analysis. These years saw a decisive shift in Hume’s thinking about human nature that resulted in an increasing emphasis on its historicity. It is argued that this helps to explain his growing insistence on the necessity of accounting for the varied manifestations of human nature in different historical periods by a reconstruction of the social, political and economical conditions of past societies as well as their customs, manners and belief systems. It is furthermore argued that Hume’s new holistic view of past civilisations found its expression in a number of diverse pieces which can be read as fragments of a cultural history of classical antiquity and contain an important agenda for a new kind of cultural history. -
Appendix the Published Writings of Samuel Rawson Gardiner [In 1903
Appendix The Published Writings of Samuel Rawson Gardiner [In 1903, the Royal Historical Society published A Bibliography of the Historical Works of Dr. Creighton … Dr. Stubbs … Dr S.R. Gardiner and the Late Lord Acton, edited by W. A. Shaw. The section on Gardiner contains a number of errors, and, more importantly, is incomplete. Its 309 entries have been augmented here with a further 140 items discovered in the course of the compilation of this new bibliography. It is divided into journal contributions, books, contributions to multi-authored works, and other publications; each is arranged chronologically within its subdivisions. Needless to say, further items are undoubtedly to be found, especially as further research on journals with anonymous contributors continues. Furthermore, other, more ephemeral pieces – such as newspaper correspondences – are likely to turn up. The author will be most grateful to hear from any readers who can augment this bibliography.] 1. Journal contributions 1.1 Contributions to The Academy N.B. publication details omitted from review titles. ‘Ritter’s History of the German Union. [Geschichte der deutschen Union von den Vorbereitungen des Bundes bis zum Tode Kaiser Rudolfs II. (1598-1612). Von Moritz Ritter]’ [review], iv (15 Oct. 1873), 392-93 ‘Religion and Allegiance; Two Sermons preached before the King. By Roger Mainwaring’ [review], v (3 Jan. 1874), 4-5 ‘Oliver Cromwell’s First Parliamentary Speech’ [correspondence], v (17 Jan. 1874), 65 [untitled notice – reply to correspondence from James Collier published in same issue concerning earlier review in The Academy of Spencer’s Descriptive Sociology], v (24 Jan. 1874), 93-94 ‘The Life of Milton; narrated in connexion with the political, ecclesiastical, and literary History of his Time. -
Samuel Pepys, Honor, and Emergent Bureaucracy in Later Seventeenth Century England Michael Fitzhugh Washington University in St
Washington University in St. Louis Washington University Open Scholarship Arts & Sciences Electronic Theses and Dissertations Arts & Sciences Summer 8-15-2018 Samuel Pepys, Honor, and Emergent Bureaucracy in Later Seventeenth Century England Michael Fitzhugh Washington University in St. Louis Follow this and additional works at: https://openscholarship.wustl.edu/art_sci_etds Part of the Asian History Commons, Asian Studies Commons, European History Commons, and the Philosophy Commons Recommended Citation Fitzhugh, Michael, "Samuel Pepys, Honor, and Emergent Bureaucracy in Later Seventeenth Century England" (2018). Arts & Sciences Electronic Theses and Dissertations. 1621. https://openscholarship.wustl.edu/art_sci_etds/1621 This Dissertation is brought to you for free and open access by the Arts & Sciences at Washington University Open Scholarship. It has been accepted for inclusion in Arts & Sciences Electronic Theses and Dissertations by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. WASHINGTON UNIVERSITY IN ST. LOUIS Arts and Sciences Department of History Dissertation Examination Committee Derek Hirst, Chair Peter Kastor, Co-chair Daniel Bornstein Alexandre Dube Steven Zwicker Samuel Pepys, Honor, and Emergent Bureaucracy in Later Seventeenth Century England by Michael L. Fitzhugh A dissertation presented to The Graduate School of Washington University in partial fulfillment of the requirements for the degree of Doctor of Philosophy August 2018 St. Louis, Missouri © 2018, Michael L. Fitzhugh Table of Contents List of Tables. iv List of Abbreviations. v Acknowledgements. x ABSTRACT OF THE DISSERTATION. xi Dates, Orthography, and Source Abbreviations.. xii Introduction. 1 Notes to Introduction. 12 Prologue: England, Honor and Trajectories.. 17 Notes to Prologue.. 46 Chapter 2: Pepys as Servant. -
The Enlightenment of Jean-Baptiste-Louis Gresset, Léger-Marie Deschamps, and Simon-Nicolas-Henri Linguet
‘TOUCHSTONES OF TRUTH’: THE ENLIGHTENMENT OF JEAN-BAPTISTE-LOUIS GRESSET, LÉGER-MARIE DESCHAMPS, AND SIMON-NICOLAS-HENRI LINGUET DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Mircea Alexandru Platon, M.A. Graduate Program in History The Ohio State University 2012 Dissertation Committee: Dr. Dale K. Van Kley, Adviser Dr. Alice Conklin, Adviser Dr. Nicholas Breyfogle Copyright Mircea Alexandru Platon 2012 ABSTRACT My dissertation, “ ‘Touchstones of Truth’: The Enlightenment of J.-B.-L. Gresset, L.-M. Deschamps, and S.-N.-H. Linguet,” focuses on three key but little studied opponents of the philosophes. I argue that the writer Jean-Baptiste-Louis Gresset (1709- 1777), the philosopher Léger-Marie Deschamps (1716-1774), and the lawyer and political theorist Simon-Nicolas-Henri Linguet (1736-1794) opposed the philosophes in the name of a set of universally valid principles against what they took to be the philosophes' superficial, self-serving, and haphazard politicization of language, philosophy and the social sciences. These three intellectuals warned that such politicization fostered economic, political, and intellectual inequality as well as cultural alienation, thereby undermining the Enlightenment’s own vision of a world of self-emancipated human beings and pushing France in the direction of a violent revolution. Gresset supported a “civic republican” political economy of virtue, and warned about the dangers of the consumer culture fostered by the philosophes. The roots of his cultural criticism lay in moral and political concerns that found expression in a patriotic discourse stressing the importance of social “harmony” and the common good while rejecting any temptation to belong to a “party.” In this spirit, Gresset defended the “ancient constitution” against idle monks, royal or ministerial despotism, parlementarian rebellion, and the philosophes. -
Oral History Interview with Perez Zagorin, 2007 January 17-18
Oral history interview with Perez Zagorin, 2007 January 17-18 Funding for the digital preservation of this interview was provided by a grant from the Save America's Treasures Program of the National Park Service. Contact Information Reference Department Archives of American Art Smithsonian Institution Washington. D.C. 20560 www.aaa.si.edu/askus Transcript Preface The following oral history transcript is the result of a tape-recorded interview with Perez Zagorin on January 17 and 18, 2007. The interview took place in Charlottesville, VA, and was conducted by Laura Orgon MacCarthy for the Archives of American Art, Smithsonian Institution. Perez Zagorin and Laura Orgon MacCarthy have reviewed the transcript and have made corrections and emendations. The reader should bear in mind that he or she is reading a transcript of spoken, rather than written, prose. This interview was produced in conjunction with the exhibition, "Anatomy of a Painting: Honore Sharrer's Tribute to the American Working People," on view at the Lawrence A. Fleischman Gallery of the Archives of American Art, March 8 through June 20, 2007. Interview LAURA MACCARTHY: Okay. Here we go. PEREZ ZAGORIN: Have you conceived this interview in light of this exhibition? MS. MACCARTHY: Yes. Actually, Liza [Kirwin, curator of manuscripts, Archives of American Art] has suggested that I do this. And I think it's great, because it'll also just become a part of the permanent record outside of the exhibition but in relation to the exhibition. So, okay, here we go. This is Laura MacCarthy interviewing Perez Zagorin at the studio of Honoré Sharrer in Charlottesville, Virginia on January 17, 2007, for the Archives of American Art, Smithsonian Institution. -
Locke, Toleration, and God's Providence A.I. Jacobs A
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Carolina Digital Repository Locke, Toleration, and God’s Providence A.I. Jacobs A thesis submitted to the faculty of the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Master of Arts in the Department of History. Chapel Hill 2008 Approved by: Lloyd Kramer Jay Smith Terence McIntosh Abstract A.I. Jacobs Locke, Toleration, and God’s Providence (Under the direction of Lloyd Kramer) This essay is an exploration of some of the theological dimensions of Locke’s theory of toleration. First, I argue that the skepticism that is often associated with Locke’s argument against religious coercion would have been unintelligible to Locke and his contemporaries. Second, I offer an alternative reading of Locke’s theory based upon his exchange with Jonas Proast. I argue that by examining the debate between Locke and Proast, one can see that Locke’s theory rested upon his conception of providentialism, specifically the distinction between God’s ordinary and extraordinary providence. In my view, it was Locke’s belief that God would not fail to provide the means for human salvation that allowed him to contend that beliefs incapable of rational assessment fall outside the jurisdiction of the magistrate. Finally, I conclude with some general thoughts on the implications of a providential reading of Locke for interpretations of the early enlightenment. ii Table of Contents Introduction: Locke, Toleration, and the Modes of Intellectual History.............................1 I. The Letters Concerning Toleration and Locke’s Skeptical Prudence..............................6 II. -
Cromohs Seminari - Hessayon - Fabricating Radical Traditions
Cromohs Seminari - Hessayon - Fabricating radical traditions http://www.cromohs.unifi.it/seminari/hessayon2_radical.html Cromohs Virtual Seminars Seminar index Fabricating radical traditions 1. Radicalism and the English revolution Ariel Hessayon Mario Caricchio Goldsmiths, University of London Glenn Burgess A. Hessayon, "Fabricating radical traditions", in M. Caricchio, G. Tarantino, eds., Cromohs Virtual Seminars. Recent historiographical trends of the British Ariel Hessayon Studies (17th-18th Centuries) , 2006-2007: 1-6 Nicholas McDowell <http://www.cromohs.unifi.it/seminari/hessayon2_radical.html> Nigel Smith 2. Britain 1660-1714: competing 1. Introduction historiographies Giovanni Tarantino It is a commonplace that the past is at the mercy of the present and that in every generation there are those who deliberately distort Mark Knights aspects of it to reflect a vision of their own or another's making. Most Yaakov Mascetti historical writing about radicalism and the English Revolution can be considered fabrication - in the sense of both manufacture and 3. The Church of England invention. There have been several important studies documenting this in the eighteenth century [1] process, including recent work by Mario Caricchio. I do not wish to Guglielmo Sanna argue here that there was a single, continuous English radical tradition, William Gibson but nor would I like to dismiss the notion entirely. Instead what I want to suggest is that though radicalism lacks a connected history the Robert G. Ingram imagined relationship between radicals of the English Revolution and Robert D. Cornwall their predecessors and successors has served as a powerful substitute. So much so, that multifaceted traditions have emerged as part of the 4. -
Government Clifford A
PROGRAM of the SEVENTY-EIGHTH ANNUAL MEETING of the american . J}i~torical a~~ociation December 28, 29, 30 THE NAMES OF THE SOCIETIES MEETING WITHIN . OR JOINTLY WITH THE AMERICAN HISTORICAL ASSOCIATION ARE LISTED ON PAGE 77 I CRANE BRI~TON Professor of Histor)l) Harvard University PRESIDENT OF THE AMERICAN HISTORICAL ASSOCIATION The American Historical Association OFFICERS President: CRANE BRINTON, Harvard University Vice-President: JULIAN P. BOYD, Princeton University Treasurer: ELMER LOUIS KAYSER, George Washington University Executive Secretary and Managing Editor: VV. STULL HOLT, 400 A Street, S.E., Washington 3, D. C. Assistant Executive Secretary: \VALTER RUNDELL, JR. COUNCIL Ex Officio, The President, Vice-President, Treasurer, Executive Secretary and M a1Jaging Editor Formel' Presidents SAMUEL FLAGG BEMIS, Yale University CARL BRIDENBAUGH, Brown University MERLE CURTI, University of \Visconsin SIDNEY BRADSHAW FAY, Harvard University LOUIS R. GOTTSCHALK, University of Chicago CARLTON J. H. HAYES, Columbia University WILLIAM L. LANGER, Harvard University KENNETH SCOTT LATOURETTE, Yale University CHARLES H. McILWAIN, Harvard University SAMUEL ELIOT MORISON, Harvard University ALLAN NEVINS, Huntington Library DEXTER PERKINS, Rochester, New York ARTHUR MEIER SCHLESINGER, Harvard University BERNADOTTE E. SCHMITT, Alexandria, Virginia ROBERT LIVINGSTON SCHUYLER, Columbia University LYNN THORNDIKE, Columbia University THOMAS JEFFERSON \VERTENBAKER, Princeton University Elected M elnbers ROBERT BYRNES, Indiana University JorIN CAUGHEY, University of California, Los Angeles \V. CLEMENT EATON, University of Kentucky \VALTER JOHNSON, University of Chicago CitIARLES MULLETT, University of Missouri GAINES POST, University of \Visconsin GORDON VVRIGHT, Stanford University LOUIS WRIGHT, Folger Library 3 PACIFIC COAST BRANCH OFFICERS President: ABRAHAM P. NASATIR, San Diego State College Vice-President: JOHN GALBRAITH, University of California, Los Angeles S ecretary-Treasurer: JOHN A. -
Theory and Research on Metropolitan Political Leadership: Report on a Conference
SOCIAL SCIENCE RESEARCH COUNCIL ITEMS VOLUME 15 " NUMBER 1 " MARCH 1961 v 230 PARK AVENUE " NEW YORK 17, N. Y. THEORY AND RESEARCH ON METROPOLITAN POLITICAL LEADERSHIP: REPORT ON A CONFERENCE by David B. Truman Increased attention to the governmental problems of metropolitan reform movements, held a conference at cities and metropolitan areas in recent years has resulted Northwestern on April 1-3, 1960. The thirty persons in a large volume of descriptive and prescriptive litera- invited to participate included theoreticians and "prac- ture. Inevitably, perhaps, much research in this field has titioners" and represented not only political science proceeded without benefit of explicit theory and without and sociology, but also the law and journalism.2 Papers, concern for possible contributions to political theory. circulated in advance of the meetings, were prepared by Yet a number of conceptual or theoretical concerns are Peter H. Rossi, "Theory and Method in the Study of common to those undertakings, whatever their aims, Power in the Local Community"; Robert A. Dahl, most notably the conceptual problems involved in un- "Leadership in a Fragmented Political System: Notes derstanding and explaining patterns of political leader- for a Theory"; Herbert Kaufman, "Metropolitan Lead- ship. Whether the immediate objective has been the ership: The Snark of the Social Sciences"; and Norton formulation of new structures of metropolitan organiza- E. Long, "Some Observations Towards a Natural His- tion, theretrospective analysis of mortality among such tory of Metropolitan Politics." Each of these contribu- proposals, or the description of the operating political tions was the subject of a session of the conference; and systems of various types of urban community, the ques- a fifth session was devoted to general discussion aimed tion of how public decisions are made in and for such at identifying points of convergence or disagreement areas has made its appearance, sooner or later, openly and questions deserving future exploration. -
Article II Vests Executive Power, Not the Royal Prerogative Julian Davis Mortenson University of Michigan Law School, [email protected]
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2019 Article II Vests Executive Power, Not the Royal Prerogative Julian Davis Mortenson University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/2062 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Constitutional Law Commons, Legal History Commons, and the President/ Executive Department Commons Recommended Citation Mortenson, Julian Davis. "Article II Vests Executive Power, Not the Royal Prerogative." Colum. L. Rev. 119, no. 5 (2019): 1169-272. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. COLUMBIA LAW REVIEW VOL. 119 JUNE 2019 NO. 5 ARTICLE ARTICLE II VESTS THE EXECUTIVE POWER, NOT THE ROYAL PREROGATIVE Julian Davis Mortenson∗ Article II of the United States Constitution vests “the executive power” in the President. For more than two hundred years, advocates of presi- dential power have claimed that this phrase was originally understood to include a bundle of national security and foreign affairs authorities. Their efforts have been highly successful. Among constitutional original- ists, this so-called “Vesting Clause Thesis” is now conventional wisdom. But it is also demonstrably wrong. Based on an exhaustive review of the eighteenth-century bookshelf, this Article shows that the ordinary meaning of “executive power” re- ferred unambiguously to a single, discrete, and potent authority: the power to execute law.