A Metaphor of Political Discourse in Xvith Century England (Thomas Starkey)
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The Politics of Jurisprudence: Liberty and Equality in Rawls and Dworkin
The Catholic Lawyer Volume 25 Number 2 Volume 25, Spring 1980, Number 2 Article 4 The Politics of Jurisprudence: Liberty and Equality in Rawls and Dworkin Stephen C. Hicks Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Jurisprudence Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THE POLITICS OF JURISPRUDENCE: LIBERTY AND EQUALITY IN RAWLS AND DWORKIN STEPHEN C. HICKS* Law as a general system of rules impartially applied acts as the me- dium of sovereign governmental order harmonizing the interests of indi- viduals and groups in society as equally and fairly as possible. The indi- vidual is free within the rules establishing security and order and is free from law which is not conducive to the general good. Similarly, an indi- vidual is free to pursue his own ends if they are compatible with the greatest happiness of the greatest number and also is free not to act on behalf of the common good. While these boundaries are defined by law, the actual social relations within them are the concern of ethics or psy- chology, not legislation.' Thus, political theory as utilitarianism sees the law according to its own representation of the good and its own descrip- tion of human nature. This is the original coordination of individual soci- ety and the body politic in our tradition. -
Law, Counsel, and Commonwealth: Languages of Power in the Early English Reformation
Law, Counsel, and Commonwealth: Languages of Power in the Early English Reformation Christine M. Knaack Doctor of Philosophy University of York History April 2015 2 Abstract This thesis examines how power was re-articulated in light of the royal supremacy during the early stages of the English Reformation. It argues that key words and concepts, particularly those involving law, counsel, and commonwealth, formed the basis of political participation during this period. These concepts were invoked with the aim of influencing the king or his ministers, of drawing attention to problems the kingdom faced, or of expressing a political ideal. This thesis demonstrates that these languages of power were present in a wide variety of contexts, appearing not only in official documents such as laws and royal proclamations, but also in manuscript texts, printed books, sermons, complaints, and other texts directed at king and counsellors alike. The prose dialogue and the medium of translation were employed in order to express political concerns. This thesis shows that political languages were available to a much wider range of participants than has been previously acknowledged. Part One focuses on the period c. 1528-36, investigating the role of languages of power during the period encompassing the Reformation Parliament. The legislation passed during this Parliament re-articulated notions of the realm’s social order, creating a body politic that encompassed temporal and spiritual members of the realm alike and positioning the king as the head of that body. Writers and theorists examined legal changes by invoking the commonwealth, describing the social hierarchy as an organic body politic, and using the theme of counsel to acknowledge the king’s imperial authority. -
That Is to Say, the Gradual Extension of Monetary Transac
24 medieval constitutions modes of ownership in the economy (Goetz 1944: 93; Calasso 1949: 156). That is to say, the gradual extension of monetary transactions and individual property ownership and the disintegration of property- holding groups from feudal tenures created an early urban economic elite, and this class intensified its authority through techniques of gov- ernance and legal integration that were not tied to socially embedded customs and feudal arrangements (Bertelli 1978: 29; Dilcher 1967:7; Faini 2004). In the later twelfth and thirteenth centuries, in sum, it is possible to discern a broad set of transformative processes, which, in conjunction, at once disaggregated different spheres of social activity and diminished the local or personal embeddedness and the violent contestability of political power. As a result, European societies began to develop institutions that were able to utilize political power as a facility that was increasingly indifferent to the local, personal and patrimonial distinctions underlying feudal social structure, and which possessed a certain distinction or even tentative autonomy against other modes of social exchange. In conse- quence, these societies also began to require institutions that could organize their functions in a relatively firm and consistent legal appara- tus. Indeed, the general restructuring of feudalism throughout the high medieval period was reflected most distinctively in the law, and, in promoting gradually generalized and differentiated patterns of social exchange, this transformative -
Edmund Burke and the Common Law Tradition Reconsidered
イギリス哲学研究 第 33 号(2010 年) Edmund Burke and the Common Law Tradition Reconsidered Sora Sato Introduction: John Pocock’s ‘Edmund Burke and the Ancient Constitution’ In The Ancient Constitution and the Feudal Law (first published in 1957, reissued in 1987), J.G.A. Pocock argues: Every one of Burke’s cardinal points, as just enumerated, can be found in Hale rebuking Hobbes, in Coke rebuking James I, or in Davies rebuking the partisans of written law;... From what sources Burke derived it, and with what elements of eighteenth-century thought and his own genius he enriched it, are questions for the specialist; but that Burke’s philosophy is in great measure a revitalization of the concept of custom and the common-law tradition may be safely asserted as part of the present study’s contentions.(1) In his essay entitled ‘Burke and the Ancient Constitution’, (2) Pocock repeats his argument that Burke’s traditionalism should be understood in the context of the common law tradition, and also that Burke was aware of this tradition. At the end of this essay he also writes: in order to explain Burke’s traditionalism, there is no need to suppose more than his continued employment and highly developed understanding of certain concepts which came from the common law (as he [Burke] recognized) and were generally in use * This essay is largely based upon the present author’s MSc dissertation submitted to University of Edinburgh in August 2009. I would like to thank Professors Thomas Ahnert, Harry Dickinson, Tamotsu Nishizawa, Kenji Fujii and two anonymous referees for their valuable comments. -
Bibliography of A.F. Pollard's Writings
BIBLIOGRAPHY OF A.F. POLLARD'S WRITINGS This bibliography is not quite complete: we omitted mention of very short book reviews, and we have not been able to trace every one of Pollard's contributions to the T.L.S. As to his letters to the Editor of The Times, we only mentioned the ones consulted on behalf of our research. There has been no separate mention of Pollard's essays from the years 1915-1917, collectedly published in The Commonwealth at War (1917). The Jesuits in Poland, Oxford, 1892. D.N.B. vol. 34: Lucas, Ch. (1769-1854); Luckombe, Ph. (d. 1803); Lydiat, Th. (1572-1646). vol. 35: Macdonald, A. (1834-1886); Macdonell, A. (1762-1840); Macegan, O. (d. 1603); Macfarlan, W. (d. 1767); Macha do, R. (d. lSI I?); Mackenzie, W.B. (1806-1870); Maclean, Ch. (1788-1824); Magauran, E. (IS48-IS93); Maguire, H. (d. 1600); Maguire, N. (1460-1512). vol. 36: Manderstown, W. (ISIS-IS40); Mansell, F. (1579-166S); Marshall, W. (d. 153S); Martin, Fr. (1652-1722); Martyn, R. (d. 1483); Mascall,R. (d. 1416); Mason,]. (1503-1566); Mason, R. (1571-1635). Review :].B. Perkins, France under the Regency, London, 1892. E.H.R. 8 (1893), pp. 79 1-793. 'Sir Edward Kelley' in Lives oj Twelve Bad Men, ed. Th. Seccombe, London, 1894, pp. 34-54· BIBLIOGRAPHY OF A.F. POLLARD'S WRITINGS 375 D.N.B. vol. 37: Matcham, G. (1753-1833); Maunsfield, H. (d. 1328); Maurice, Th. (1754-1824); Maxfield, Th. (d. 1616); May, W. (d. 1560); Mayart, S. (d. 1660?); Mayers, W.F. -
Literacy and the Languages of the Early Common Law
Yeshiva University, Cardozo School of Law LARC @ Cardozo Law Articles Faculty 1987 Literacy and the Languages of the Early Common Law Peter Goodrich Benjamin N. Cardozo School of Law, [email protected] Follow this and additional works at: https://larc.cardozo.yu.edu/faculty-articles Part of the Law Commons Recommended Citation Peter Goodrich, Literacy and the Languages of the Early Common Law, 14 Journal of Law & Society 422 (1987). Available at: https://larc.cardozo.yu.edu/faculty-articles/334 This Article is brought to you for free and open access by the Faculty at LARC @ Cardozo Law. It has been accepted for inclusion in Articles by an authorized administrator of LARC @ Cardozo Law. For more information, please contact [email protected], [email protected]. JOURNAL OF LAW AND SOCIETY VOLUME 14, NUMBER 4, WINTER 1987 0263-323X $3.00 Literacy and the Languages_of the Early Common Law PETER GOODRICH* Let us take up yet again this business of signs, for you have not understood, you have rem~ined rationalists, semioticians, Westerners.• The most famous of the libraries of antiquity was a collection of manuscripts brought together by the first of the Ptolemies in the third century B.C. in Alexandria. This "apogee of antique literary science" 2 brought together under one roof the Museion- some 500,000 manuscripts and an academy of scholars dedicated to systematic philological research. In the form of a_cult organisa tion under a priest of the Muses, the Alexandrian library produced a number of early forms of educational grammar and an elaborate classification of earlier literature according to schemata of authorship and genre. -
A Description of What Magisterial Authority Is When Understood As A
Cultural Heritage and Contemporary Change Series IV, Western Philosophical Studies, Volume 8 Series VIII, Christian Philosophical Studies, Volume 8 General Editor George F. McLean Towards a Kenotic Vision of Authority in the Catholic Church Western Philosophical Studies, VIII Christian Philosophical Studies, VIII Edited by Anthony J. Carroll Marthe Kerkwijk Michael Kirwan James Sweeney The Council for Research in Values and Philosophy Copyright © 2015 by The Council for Research in Values and Philosophy Box 261 Cardinal Station Washington, D.C. 20064 All rights reserved Printed in the United States of America Library of Congress Cataloging-in-Publication Towards a kenotic vision of authority in the Catholic Church / edited by Anthony J. Carroll, Marthe Kerkwijk, Michael Kirwan, James Sweeney. -- first edition. pages cm. -- (Cultural heritage and contemporary change. Christian philosophical studies; Volume VIII) Includes bibliographical references and index. 1. Authority--Religious aspects--Catholic Church. I. Carroll, Anthony J., 1965- editor of compilation. BX1753.T6725 2014 2014012706 262'.'088282--dc23 CIP ISBN 978-1-56518-293-6 (pbk.) TABLE OF CONTENTS Introduction: The Exercise of Magisterial Authority 1 in the Roman Catholic Church Anthony J. Carroll Part I: Authority in Biblical Sources Chapter I: “It Shall Not Be so among You”: Authority and 15 Service in the Synoptic Gospels Sean Michael Ryan Chapter II: Authority without Sovereignty: Towards 41 a Reassessment of Divine Power Roger Mitchell Part II: Sociological and Philosophical -
Schuler Dissertation Final Document
COUNSEL, POLITICAL RHETORIC, AND THE CHRONICLE HISTORY PLAY: REPRESENTING COUNCILIAR RULE, 1588-1603 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the Graduate School of The Ohio State University By Anne-Marie E. Schuler, B.M., M.A. Graduate Program in English The Ohio State University 2011 Dissertation Committee: Professor Richard Dutton, Advisor Professor Luke Wilson Professor Alan B. Farmer Professor Jennifer Higginbotham Copyright by Anne-Marie E. Schuler 2011 ABSTRACT This dissertation advances an account of how the genre of the chronicle history play enacts conciliar rule, by reflecting Renaissance models of counsel that predominated in Tudor political theory. As the texts of Renaissance political theorists and pamphleteers demonstrate, writers did not believe that kings and queens ruled by themselves, but that counsel was required to ensure that the monarch ruled virtuously and kept ties to the actual conditions of the people. Yet, within these writings, counsel was not a singular concept, and the work of historians such as John Guy, Patrick Collinson, and Ann McLaren shows that “counsel” referred to numerous paradigms and traditions. These theories of counsel were influenced by a variety of intellectual movements including humanist-classical formulations of monarchy, constitutionalism, and constructions of a “mixed monarchy” or a corporate body politic. Because the rhetoric of counsel was embedded in the language that men and women used to discuss politics, I argue that the plays perform a kind of cultural work, usually reserved for literature, that reflects, heightens, and critiques political life and the issues surrounding conceptions of conciliar rule. -
From City-Region Concept to Boundaries for Governance: the English Case
Coombes M. From City-region Concept to Boundaries for Governance: The English Case. Urban Studies 2014, 51(11), 2426-2443. Copyright: In accordance with publishers’ copyright, the author can deposit their accepted version to an institution or subject repository subject to a 12 month embargo. DOI link to article: http://dx.doi.org/10.1177/0042098013493482 Date deposited: 09/03/2016 Embargo release date: 11 July 2014 This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence Newcastle University ePrints - eprint.ncl.ac.uk From city region concept to boundaries for governance: the English case This paper considers city regions in the context of a general problem that can arise in implementing many spatial economic policies and that has long been the focus of academic research (eg. Fox & Kumar 1965, Karlsson & Olsson 2006) viz: how best to define functional economic areas (FEAs). Research to define optimal groupings of areas in wider territories is termed functional regionalisation and is one form of quantitative taxonomy (Sneath & Sokal 1973). In this paper the empirical challenge is to delineate policy- relevant city region boundaries in England by analysing spatial economic data but the methodological orientation of the paper gives it a wider international relevance. The definition of city regions is of increasing policy interest internationally, as illustrated by recent work in OECD on territorial development which prompted research on city regions as well as other FEAs (OECD 2002, 2006, Brezzi et al 2012). By contrast the new UK coalition government abolished most of the English spatial policies based on FEAs that its predecessor created (Communities & Local Government Committee 2011). -
The Continental Shelf and the Extension of the Territorial Sea
University of Miami Law Review Volume 10 Number 4 Miami Law Quarterly Article 5 7-1-1956 The Continental Shelf and the Extension of the Territorial Sea Dr. Theodore Alvarado Garaioca Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Dr. Theodore Alvarado Garaioca, The Continental Shelf and the Extension of the Territorial Sea, 10 U. Miami L. Rev. 490 (1956) Available at: https://repository.law.miami.edu/umlr/vol10/iss4/5 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. THE CONTINENTAL SHELF AND THE EXTENSION OF THE TERRITORIAL SEA DR. THEODORE ALVARADO GARAIOCA* International Law, influenced by the progress of modern armaments, as well as by the discovery of new natural resources, has had to consider claims tending to modify the traditional determination of the territorial sea, incorporating a new and important element: the so-called continental shelf. It is well to remember that the concept of the "territorial sea" was the subject of a long and arduous discussion. In this inflamed theoretical dispute, several theories were advanced, based upon the opposite principles of the "closed sea" and the "free sea"; the concept of the sea being "rcs nullius" (belonging to nobody) was advanced against the concept of the sea as "res communis" (common to all). -
War for the English Throne Houston Area Model United Nations
Houston Area Model United Nations Crisis Committee War for the English Throne The Kingdom of England Triple Joint Crisis Committee Houston Area Model United Nations 46 January 21-22, 2021 Hello Delegates, Welcome to the 46th Houston Area Model United Nations Conference! The war for the English Throne, which took place in 1066 was the cumulation of conflicts, which occurred after the Vikings came into contact with continental Europe and England. Here each one of will have a chance to participate in events that took place just before the swords were crossed. The three main participants will be the Kingdom of Norway, the Kingdom of England, and The Duchy of Normandy, along with some of their respective allies. The Kingdom of Norway is Directed by, Omama Ahmed, who is a current freshman at Lonestar college with plans to transfer to New York university. She is intending to study public health and has been a delegate in her high school Model UN in the past three years. She has always loved the program and was thrilled when given the opportunity to be a part of the crisis committees. She’s very excited to be working with two great Crisis directors for her first year and cannot wait to see how the conference goes. The Duchy of Normandy is directed by, Joel Varghese who is a sophomore currently attending Texas A&M University at College Station, studying Industrial Engineering. He has been a part of Model UN, since his sophomore year at high school and he plans on pursuing this passion until he graduates college. -
Title Historical Reflections on Islam and the Occident Authorsprof. Em. Dr
biblio.ugent.be The UGent Institutional Repository is the electronic archiving and dissemination platform for all UGent research publications. Ghent University has implemented a mandate stipulating that all academic publications of UGent researchers should be deposited and archived in this repository. Except for items where current copyright restrictions apply, these papers are available in Open Access. This item is the archived peer-reviewed author-version of: Title Historical reflections on Islam and the Occident AuthorsProf. em. dr. R.C. van Caenegem In: Journal, Volume (Issue), pages, year. European Review, volume 20, issue 02, pp. 203-209 Optional: link to the article http://journals.cambridge.org/download.php?file=%2FERW%2FERW20_02%2FS106279871100055Xa .pdf&code=7472f53a292c290b81bc6fe8a66d382c To refer to or to cite this work, please use the citation to the published version: Authors (year). Title. journal Volume(Issue) page-page. Doi 10.1017/S106279871100055X Historical reflections on Islam and the Occident by R.C. van Caenegem A Green Curtain ? For many years the global divide was between freedom-loving West and Soviet- dominated East, two antagonistic worlds separated by an Iron Curtain. Nowadays the great divide is between Islam and the West, as if a Green Curtain had taken the place of the Iron Curtain of the past. I use the term Green Curtain because of the green colour displayed on Islamic flags. The term Velvet Curtain was used by S.P. Huntington when he wrote that “the Velvet Curtain of culture has replaced the Iron Curtain of ideology as the most significant dividing line in Europe”, i.e. between Latin and Orthodox Christianity i.