The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.

How Roman law has influenced European legal and political thought from antiquity to the present day.

The advent of the knowledge economy and society has made it increasingly necessary for law reformers and policy makers to take account of the effects of technology upon the law and upon legal and political processes. This book explores aspects of technology's relationship with law and government, and in particular the effects changing technology has had on constitutional structures and upon business. Part I examines the legal normative influence of constitutional structures and political theories. It focuses on the interrelationship between laws and legal procedure with technology and the effect technology can have on the legal environment. Part II discusses the relationship between government and technology both at the national and international level. The author argues that technology must be contextualized within a constitution and draws on historical and contemporary examples to illustrate how technology has both shaped civilizations and been the product of its political and constitutional environment.

An in-depth examination of political activities in early modern France that opens up new perspectives on the local workings of the French state and the experiences of those who participated in it.Law, City, and King provides important new insights into the transformation of political participation and consciousness among urban notables who bridged the gap between local society and the state in early modern France. Breen''s detailed research shows how the educated, socially-middling avocats who staffed Dijon''s municipality used law, patronage, and the other resources at their disposal to protect the city council''s authority and their own participation in local governance. Drawing on juridical and historical authorities, the avocats favored a traditional conception of limited "absolute" monarchy increasingly at odds with royal ideology. Despite their efforts to resist the monarchy''s growth, the expansion of royal power under Louis XIV eventually excluded Dijon''s avocats from the French state. In opening up new perspectives on the local workings of the French state and the experiences of those who participated in it, Law, City, and King recasts debates about absolutism and early modern state formation. By focusing on the political alienation of notables who had long linked the crown to provincial society, Breen explains why Louis XIV''s collaborative absolutism did not endure. At the same time, the book''s examination of lawyers'' political activities and ideas provides insights into the transformation of French political culturein the decades leading up to the French Revolution. Michael P. Breen is Associate Professor of History and Humanities at Reed College in Portland, Oregon.perspectives on the local workings of the French state and the experiences of those who participated in it, Law, City, and King recasts debates about absolutism and early modern state formation. By focusing on the political alienation of notables who had long linked the crown to provincial society, Breen explains why Louis XIV''s collaborative absolutism did not endure. At the same time, the book''s examination of lawyers'' political activities and ideas provides insights into the transformation of French political culturein the decades leading up to the French Revolution. Michael P. Breen is Associate Professor of History and Humanities at Reed College in Portland, Oregon.perspectives on the local workings of the French state and the experiences of those who participated in it, Law, City, and King recasts debates about absolutism and early modern state formation. By focusing on the political alienation of notables who had long linked the crown to provincial society, Breen explains why Louis XIV''s collaborative absolutism did not endure. At the same time, the book''s examination of lawyers'' political activities and ideas provides insights into the transformation of French political culturein the decades leading up to the French Revolution. Michael P. Breen is Associate Professor of History and Humanities at Reed College in Portland, Oregon.perspectives on the local workings of the French state and the experiences of those who participated in it, Law, City, and King recasts debates about absolutism and early modern state formation. By focusing on the political alienation of notables who had long linked the crown to provincial society, Breen explains why Louis XIV''s collaborative absolutism did not endure. At the same time, the book''s examination of lawyers'' political activities and ideas provides insights into the transformation of French political culturein the decades leading up to the French Revolution. Michael P. Breen is Associate Professor of History and Humanities at Reed College in Portland, Oregon. absolutism did not endure. At the same time, the book''s examination of lawyers'' political activities and ideas provides insights into the transformation of French political culturein the decades leading up to the French Revolution. Michael P. Breen is Associate Professor of History and Humanities at Reed College in Portland, Oregon.

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.

In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.