Sources of Constitutional Liberty Bibliography
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Magna Carta and the Development of the Common Law
Magna Carta and the Development of the Common Law Professor Paul Brand, FBA Emeritus Fellow All Souls College, Oxford Paper related to a presentation given for the High Court Public Lecture series, at the High Court of Australia, Canberra, Courtroom 1, 13 May 2015 Magna Carta and the Development of the Common Law I We are about to commemorate the eight hundredth anniversary of the granting by King John on 15 June 1215 of a ‘charter of liberties’ in favour of all the free men of his kingdom [of England] and their heirs. That charter was not initially called Magna Carta (or ‘the Great Charter’, in English). It only acquired that name after it had been revised and reissued twice and after the second reissue had been accompanied by the issuing of a separate, but related, Charter of the Forest. The revised version of 1217 was called ‘The Great Charter’ simply to distinguish it from the shorter, and therefore smaller, Forest Charter, but the name stuck. To call it a ‘charter of liberties’ granted by king John to ‘all the free men of his kingdom’ of England is, however, in certain respects misleading. The term ‘liberty’ or ‘liberties’, particularly in the context of a royal grant, did not in 1215 bear the modern meaning of a recognised human right or human rights. ‘Liberty’ in the singular could mean something closer to that, in the general sense of the ‘freedom’ or the ‘free status’ of a free man, as opposed to the ‘unfreedom’ of a villein. ‘Liberties’, though, were something different (otherwise known as ‘franchises’), generally specific privileges granted by the king, particular rights such as the right to hold a fair or a market or a particular kind of private court, the right to have a park or a rabbit warren which excluded others from hunting or an exemption such as freedom from tolls at markets or fairs. -
To Download Magna Carta FAQ Answers .PDF
Magna Carta FAQ: Answers Produced with the support of the Chartered Institute of Legal Executives (CILEX) Answers provided by: Professor Nigel Saul Magna Carta FAQ: Answers Q1) WHAT’S MAGNA CARTA DONE FOR ME? Quite simple - it’s because of Magna Carta that we well whatever he liked – and did. After the making of the live in a free country today. Magna Carta affirmed the Charter he was subject to the law like everyone else. In vital principle of freedom under the law. Clause 39 of the mid thirteenth century the lawyer Henry Bracton was the Charter said: ‘no free man shall be imprisoned or to write, ‘in England the king is below God and below the deprived of his lands except by judgement of his peers or law’. by the law of the land’. Clause 40 said: ‘To no one shall we sell, delay or deny right or justice’. Before the making of Magna Carta the king had been able to do pretty Q2) HOW MUCH OF MAGNA CARTA IS STILL ON THE STATUTE BOOK? Very little, in fact. To be precise, just four clauses of the matters? Most definitely not. All great documents are the original 1215 version of the Charter. These are: clause product of specific historical circumstances and lose their 1, guaranteeing the liberties of the Church; clause 13, immediate relevance over time. But that does not mean guaranteeing the liberties of the City of London; and that they can be forgotten or consigned to the historical the famous clauses 39 and 40, guaranteeing due legal waste paper bin. -
AMERICAN REVOLUTIONREVOLUTION Thethe Enlightenmentenlightenment Thethe Ageage Ofof Reasonreason
AMERICANAMERICAN REVOLUTIONREVOLUTION TheThe EnlightenmentEnlightenment TheThe AgeAge ofof ReasonReason ▶ 1650-1800 ▶ Laws of Nature applied to society ▶ Rationalism . “Dare to know! Have the courage to use your own reason!” – Immanuel Kant ▶ Liberalism ▶ Deism . “The Clockmaker” . Absent of human affairs TheThe EnlightenmentEnlightenment JohnJohn LockeLocke ▶ Second Treatise on Government . “The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind … that, being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions” . “Men being, as has been said, by nature, all free, equal, and independent, no one can be put out of this estate, and subjected to the political power of another, without his own consent.” . “Whensoever therefore the legislative shall transgress this fundamental rule of society; and either by ambition, fear, folly or corruption, endeavour to grasp themselves, or put into the hands of any other, an absolute power over the lives, liberties, and estates of the people; by this breach of trust they forfeit the power the people had put into their hands for quite contrary ends, and it devolves to the people, who have a right to resume their original liberty, and, by the establishment of a new legislative, (such as they shall think fit) provide for their own safety and security, which is the end for which they are in society.” TheThe EnlightenmentEnlightenment AdamAdam SmithSmith ▶ An Inquiry into the Nature and Causes of the Wealth of Nations ▶ Laissez-faire . Free trade ▶ “the invisible hand” ▶ Three Laws . More production from self- interest . -
University of Oklahoma Libraries Western History Collections Ralph
University of Oklahoma Libraries Western History Collections Ralph H. Records Collection Records, Ralph Hayden. Papers, 1871–1968. 2 feet. Professor. Magazine and journal articles (1946–1968) regarding historiography, along with a typewritten manuscript (1871–1899) by L. S. Records, entitled “The Recollections of a Cowboy of the Seventies and Eighties,” regarding the lives of cowboys and ranchers in frontier-era Kansas and in the Cherokee Strip of Oklahoma Territory, including a detailed account of Records’s participation in the land run of 1893. ___________________ Box 1 Folder 1: Beyond The American Revolutionary War, articles and excerpts from the following: Wilbur C. Abbott, Charles Francis Adams, Randolph Greenfields Adams, Charles M. Andrews, T. Jefferson Coolidge, Jr., Thomas Anburey, Clarence Walroth Alvord, C.E. Ayres, Robert E. Brown, Fred C. Bruhns, Charles A. Beard and Mary R. Beard, Benjamin Franklin, Carl Lotus Belcher, Henry Belcher, Adolph B. Benson, S.L. Blake, Charles Knowles Bolton, Catherine Drinker Bowen, Julian P. Boyd, Carl and Jessica Bridenbaugh, Sanborn C. Brown, William Hand Browne, Jane Bryce, Edmund C. Burnett, Alice M. Baldwin, Viola F. Barnes, Jacques Barzun, Carl Lotus Becker, Ruth Benedict, Charles Borgeaud, Crane Brinton, Roger Butterfield, Edwin L. Bynner, Carl Bridenbaugh Folder 2: Douglas Campbell, A.F. Pollard, G.G. Coulton, Clarence Edwin Carter, Harry J. Armen and Rexford G. Tugwell, Edward S. Corwin, R. Coupland, Earl of Cromer, Harr Alonzo Cushing, Marquis De Shastelluz, Zechariah Chafee, Jr. Mellen Chamberlain, Dora Mae Clark, Felix S. Cohen, Verner W. Crane, Thomas Carlyle, Thomas Cromwell, Arthur yon Cross, Nellis M. Crouso, Russell Davenport Wallace Evan Daview, Katherine B. -
The Lincoln Charter of the Forest Conference
LINCOLN RECORD SOCIETY Bishop Grosseteste University, Woodland Trust, American Bar Association THE LINCOLN CHARTER OF THE FOREST CONFERENCE 22-24 September 2017 THE CHARTER OF THE FOREST: EVOLVING HUMAN RIGHTS IN NATURE Nicholas A. Robinson University Professor for the Environment Kerlin Distinguished Professor of Environmental Law Emeritus Elisabeth Haub School of Law at Pace University, New York © Nicholas A. Robinson 3 September 2017– Author’s moral rights asserted. This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance. I congratulate The Lincoln Record Society and thank the conference organizers. I am honored to be addressing you, although I must confess to being akin to Mark Twain’s Connecticut Yankee in King Arthur’s Court.3 As an American, I cannot claim the “liberties of the forest” that were ceded to the English. Nor am I a medievalist, but only a student of medieval historians, such as G.J. Turner, whose Select Pleas of the Forest4 inspired my own comparative law studies of Forest Law and the Charter of 1217, and also Professors J.C. -
Print › Chapter 4: Revolutionary America | Quizlet
Chapter 4: Revolutionary America Study online at quizlet.com/_flcg7 1. Boston A confrontation between a group of citizens 9. Gaspée In June, 1772, the British customs ship ran Massacre and British troops on March 5, 1770, Incident around off the colonial coast. When the during which the troops opened fire on the British went ashore for help, colonials citizens, killing five of them. boarded the ship and burned it. They were sent to Britain for trial. Colonial outrage led 2. Committees of These started as groups of private citizens to the widespread formation of Committees of Correspondence in Massachusetts, Rhode Island and New Correspondence. York who, in 1763, began circulating information about opposition to British 10. George As Prime Minister, he passed the Sugar Act in trade measures. Other colonies created Grenville 1764 and the Stamp Act in 1765 to help their own committtees in order to exchange finance the cost of maintaining a standing information and organize protests to force of British troops in the colonies. He British trade regulations. The groups believed in reducing the financial burden on became particularly active following the the British by enacting new taxes in the Gaspee Incident. colonies 3. Common Sense Thomas Paine's influential pamphlet that 11. Internal Taxes which arose out of activities that forcefully argued for American Taxes occurred within the colonies. The Stamp Act independence, attacked the institution of was considered this tax, because it taxed the monarchy, and defended a democratic colonists on legal transactions they theory of representative government. undertook locally. Many colonists and Englishmen felt that Parliament did not have 4. -
Liminal Encounters and the Missionary Position: New England's Sexual Colonization of the Hawaiian Islands, 1778-1840
University of Southern Maine USM Digital Commons All Theses & Dissertations Student Scholarship 2014 Liminal Encounters and the Missionary Position: New England's Sexual Colonization of the Hawaiian Islands, 1778-1840 Anatole Brown MA University of Southern Maine Follow this and additional works at: https://digitalcommons.usm.maine.edu/etd Part of the Other American Studies Commons Recommended Citation Brown, Anatole MA, "Liminal Encounters and the Missionary Position: New England's Sexual Colonization of the Hawaiian Islands, 1778-1840" (2014). All Theses & Dissertations. 62. https://digitalcommons.usm.maine.edu/etd/62 This Open Access Thesis is brought to you for free and open access by the Student Scholarship at USM Digital Commons. It has been accepted for inclusion in All Theses & Dissertations by an authorized administrator of USM Digital Commons. For more information, please contact [email protected]. LIMINAL ENCOUNTERS AND THE MISSIONARY POSITION: NEW ENGLAND’S SEXUAL COLONIZATION OF THE HAWAIIAN ISLANDS, 1778–1840 ________________________ A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTERS OF THE ARTS THE UNIVERSITY OF SOUTHERN MAINE AMERICAN AND NEW ENGLAND STUDIES BY ANATOLE BROWN _____________ 2014 FINAL APPROVAL FORM THE UNIVERSITY OF SOUTHERN MAINE AMERICAN AND NEW ENGLAND STUDIES June 20, 2014 We hereby recommend the thesis of Anatole Brown entitled “Liminal Encounters and the Missionary Position: New England’s Sexual Colonization of the Hawaiian Islands, 1778 – 1840” Be accepted as partial fulfillment of the requirements for the Degree of Master of Arts Professor Ardis Cameron (Advisor) Professor Kent Ryden (Reader) Accepted Dean, College of Arts, Humanities, and Social Sciences ii ACKNOWLEDGEMENTS This thesis has been churning in my head in various forms since I started the American and New England Studies Masters program at The University of Southern Maine. -
CREATING an AMERICAN PROPERTY LAW: ALIENABILITY and ITS LIMITS in AMERICAN HISTORY Claire Priest
CREATING AN AMERICAN PROPERTY LAW: ALIENABILITY AND ITS LIMITS IN AMERICAN HISTORY Claire Priest Contact Information: Northwestern University School of Law 357 East Chicago Ave. Chicago, IL 60611 Phone: (312) 503-4470 Email: [email protected] Acknowledgements: ∗Associate Professor of Law, Northwestern University School of Law. B.A., J.D., Ph.D. Yale University. I would like to thank James McMasters of Northwestern’s Law Library for his help in finding copies of many of the primary sources used to write this Article. For extremely valuable comments and suggestions, I would like to thank Bernard Bailyn, Stuart Banner, Kenworthey Bilz, Charlotte Crane, David Dana, Michele Landis Dauber, Christine Desan, Tony A. Freyer, Morton J. Horwitz, Daniel Hulsebosch, Stanley N. Katz, Daniel M. Klerman, Naomi Lamoreaux, Charles W. McCurdy, Edmund S. Morgan, Janice Nadler, Sarah Pearsall, Dylan Penningroth, George L. Priest, Richard J. Ross, Emma Rothschild, Dhananjai Shivakumar, Kenneth L. Sokoloff, Vicky Saker Woeste, Gavin Wright and the seminar participants at Northwestern University School of Law’s Faculty Workshop, Stanford Law School’s Faculty Workshop, UCLA’s Legal History Colloquium and Economic History Workshop, NYU’s Legal History Colloquium, the University of Florida Fredric G. Levin College of Law’s Faculty Workshop, the Chicago Legal History Seminar, the American Society for Legal History’s Annual Meeting, the University of Illinois College of Law’s Faculty Workshop, the Omohundro Institute of Early American History’s Annual Conference, and Harvard University’s Conference on Atlantic Legalities. The Julius Rosenthal Fund at Northwestern University School of Law provided generous research support. CREATING AN AMERICAN PROPERTY LAW: ALIENABILITY AND ITS LIMITS IN AMERICAN HISTORY This Article analyzes an issue central to the economic and political development of the early United States: laws protecting real property from the claims of creditors. -
The Original Meaning of the Habeas Corpus Suspension Clause, the Right of Natural Liberty, and Executive Discretion
William & Mary Bill of Rights Journal Volume 29 (2020-2021) Issue 3 The Presidency and Individual Rights Article 4 March 2021 The Original Meaning of the Habeas Corpus Suspension Clause, the Right of Natural Liberty, and Executive Discretion John Harrison Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons, Legal History Commons, President/Executive Department Commons, and the United States History Commons Repository Citation John Harrison, The Original Meaning of the Habeas Corpus Suspension Clause, the Right of Natural Liberty, and Executive Discretion, 29 Wm. & Mary Bill Rts. J. 649 (2021), https://scholarship.law.wm.edu/wmborj/vol29/iss3/4 Copyright c 2021 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj THE ORIGINAL MEANING OF THE HABEAS CORPUS SUSPENSION CLAUSE, THE RIGHT OF NATURAL LIBERTY, AND EXECUTIVE DISCRETION John Harrison* The Habeas Corpus Suspension Clause of Article I, Section 9, is primarily a limit on Congress’s authority to authorize detention by the executive. It is not mainly con- cerned with the remedial writ of habeas corpus, but rather with the primary right of natural liberty. Suspensions of the privilege of the writ of habeas corpus are statutes that vest very broad discretion in the executive to decide which individuals to hold in custody. Detention of combatants under the law of war need not rest on a valid suspen- sion, whether the combatant is an alien or a citizen of the United States. The Suspension Clause does not affirmatively require that the federal courts have any jurisdiction to issue the writ of habeas corpus, and so does not interfere with Congress’s general control over the jurisdiction of the federal courts. -
In 193X, Constance Rourke's Book American Humor Was Reviewed In
OUR LIVELY ARTS: AMERICAN CULTURE AS THEATRICAL CULTURE, 1922-1931 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Jennifer Schlueter, M.A. ***** The Ohio State University 2007 Dissertation Committee: Approved by Professor Thomas Postlewait, Adviser Professor Lesley Ferris Adviser Associate Professor Alan Woods Graduate Program in Theatre Copyright by Jennifer Schlueter c. 2007 ABSTRACT In the first decades of the twentieth century, critics like H.L. Mencken and Van Wyck Brooks vociferously expounded a deep and profound disenchantment with American art and culture. At a time when American popular entertainments were expanding exponentially, and at a time when European high modernism was in full flower, American culture appeared to these critics to be at best a quagmire of philistinism and at worst an oxymoron. Today there is still general agreement that American arts “came of age” or “arrived” in the 1920s, thanks in part to this flogging criticism, but also because of the powerful influence of European modernism. Yet, this assessment was not, at the time, unanimous, and its conclusions should not, I argue, be taken as foregone. In this dissertation, I present crucial case studies of Constance Rourke (1885-1941) and Gilbert Seldes (1893-1970), two astute but understudied cultural critics who saw the same popular culture denigrated by Brooks or Mencken as vibrant evidence of exactly the modern American culture they were seeking. In their writings of the 1920s and 1930s, Rourke and Seldes argued that our “lively arts” (Seldes’ formulation) of performance—vaudeville, minstrelsy, burlesque, jazz, radio, and film—contained both the roots of our own unique culture as well as the seeds of a burgeoning modernism. -
Book Reviews
BOOK REVIEWS EDITED BY MICHAEL P. WEBER The Good Provider: H. J. Heinz and His 57 Varieties. By Robert C. Alberts. (Boston: Houghton Mifflin Company, 1973. Pp. 297. $10.00.) Who has not at some time sampled one of Heinz's 57 Varieties? Everyone who likes to eat will be interested in this biography of H. J. Heinz by Robert Alberts, who gave such an entertaining talk on William Bingham at the an- nual meeting of the Pennsylvania Historical Association a few years ago. This particular volume is the outgrowth of an article in American Heritage magazine and still shows signs of being intended for a popular rather than a scholarly audience. It is a sympathetic account of a simple, honest, hardworking, deeply religious son of German immigrants who embodied the Horatio Alger tradition without being an especially complex or interesting person. Nevertheless, it reminds us how many of today's famous firms were originally such personal enterprises. It is a little surprising, however, that Mr. Alberts places Heinz on the same level as other Pittsburgh magnates like Carnegie, Frick, Mellon, and Westinghouse, with whom he seems to have had relatively little communication. Yet certainly the story of the Heinz company is a significant aspect of nineteenth-century social history, reflecting as it does changes in the American diet made possible by new developments in transportation, re- frigeration, and the preservation of food in cans. The book shows that the company's success was based on a combination of large-scale production and skillful techniques in public relations and advertising. -
Comparison of Constitutionalism in France and the United States, A
A COMPARISON OF CONSTITUTIONALISM IN FRANCE AND THE UNITED STATES Martin A. Rogoff I. INTRODUCTION ....................................... 22 If. AMERICAN CONSTITUTIONALISM ..................... 30 A. American constitutionalism defined and described ......................................... 31 B. The Constitution as a "canonical" text ............ 33 C. The Constitution as "codification" of formative American ideals .................................. 34 D. The Constitution and national solidarity .......... 36 E. The Constitution as a voluntary social compact ... 40 F. The Constitution as an operative document ....... 42 G. The federal judiciary:guardians of the Constitution ...................................... 43 H. The legal profession and the Constitution ......... 44 I. Legal education in the United States .............. 45 III. THE CONsTrrTION IN FRANCE ...................... 46 A. French constitutional thought ..................... 46 B. The Constitution as a "contested" document ...... 60 C. The Constitution and fundamental values ......... 64 D. The Constitution and nationalsolidarity .......... 68 E. The Constitution in practice ...................... 72 1. The Conseil constitutionnel ................... 73 2. The Conseil d'ttat ........................... 75 3. The Cour de Cassation ....................... 77 F. The French judiciary ............................. 78 G. The French bar................................... 81 H. Legal education in France ........................ 81 IV. CONCLUSION ........................................