Law, Liberty and the Constitution

A Brief History of the Common Law

Author: Harry Potter

Publisher: Boydell & Brewer Ltd

ISBN: 178327011X

Category: Law

Page: 352

View: 7781

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A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.

Freedom and the Rule of Law

Author: Anthony Arthur Peacock

Publisher: Rowman & Littlefield

ISBN: 9780739136188

Category: Law

Page: 293

View: 4414

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Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all.

Eine kurze Geschichte der Menschheit

Author: Yuval Noah Harari

Publisher: DVA

ISBN: 364110498X

Category: History

Page: 528

View: 4499

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Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.

Die Federalist papers

Author: Alexander Hamilton,James Madison,John Jay

Publisher: C.H.Beck

ISBN: 9783406547546

Category: Constitutional history

Page: 583

View: 3192

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The Right to Privacy

Rights and Liberties Under the Law

Author: Richard A. Glenn

Publisher: ABC-CLIO

ISBN: 1576077160

Category: Law

Page: 399

View: 3977

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Explores the dynamics of the right to privacy in the United States, discussing its common law heritage, its expansion in the twentieth century, and trends in privacy jurisprudence.

Religion and the Constitution

Author: Kent Greenawalt

Publisher: Princeton University Press

ISBN: 9780691125824

Category: Law

Page: 455

View: 2420

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Calling throughout for religion to be taken more seriously as a force for meaning in peoplee lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare. Includes information on abortion, atheism, atheists, Bear v. Reformed Mennonite Church, Harry Blackmun, William Brennan, Catholicism, Catholics, child custody, Christianity, Christians, conscientious objection to military service, discrimination, Employment Division v. Smith, Establishment Clause, religious exemptions, Fourteenth Amendment, Free Exercise Clause, Free Speech Clause, harassment by employers, Hinduism, Hindus, Islam, Muslims, Jehovahh Witnesses, Judaism, Jews, Lyng v. Northwestern Indian Cemetery Protective Association, Native American Church, Sandra Day OOonnor, Protestantism, Protestants, religion, religious beliefs, Sherbert v. Verner, Sunday closing laws, Wisconsin v. Yoder, zoning, Zummo v. Zummo, etc.

Due process of law

a brief history

Author: John V. Orth

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 116

View: 1612

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Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process. No person's life, liberty, or property may be taken without "due process of law." What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follow and--in exceptional cases--what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than "substantive due process, " which at one time limited government regulation of business and today forbids the states from outlawing abortions. "Due process of law, " as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made wayfor an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general. This unconventional history of the concept of due process heightens the reader's understa

Slavery & the Law

Author: Paul Finkelman

Publisher: Rowman & Littlefield

ISBN: 9780742521193

Category: History

Page: 465

View: 1147

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In this book, prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law.

Liberty and Union

A Constitutional History of the United States

Author: Edgar J. McManus,Tara Helfman

Publisher: Routledge

ISBN: 1136756671

Category: Political Science

Page: 496

View: 3080

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This, the first of two volumes of Liberty and Union, is a comprehensive constitutional history of the United States from the Anglo-American origins of the Constitution through the colonial and antebellum periods, to the Civil War and the consequent restructuring of the nation. Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors explain the past in the light of the past, without imposing upon it the standards of later generations. Authored by two experienced professors of History and Law this textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works – avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading. Useful features include: Full glossary of legal terminology Recommended reading A table of cases Extensive supporting artwork Companion website Useful documents provided: Declaration of Independence Articles of Confederation Constitution of the United States of America Chronological list of Supreme Court justices

The U.S. Justice System: Law and constitution in early America

Author: Steven Harmon Wilson

Publisher: ABC-CLIO

ISBN: 1598843044

Category: LAW

Page: 1276

View: 3570

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A comprehensive, three-volume set that provides detailed background essays, short topical entries, and primary document excerpts to explain the organization, history, and functioning of the U.S. justice system. * More than 50 contributing scholars provide a variety of expertise from the fields of law, history, and politics * A separate volume of primary source documents * A comprehensive bibliography as well as suggested readings for each essay and article * A glossary of hundreds of key terms like "contract," "injunction," and "precedent"

The U. S. Constitution: a Very Short Introduction

Author: David J. Bodenhamer

Publisher: Oxford University Press

ISBN: 0195378326

Category: Law

Page: 168

View: 4233

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"Though the U.S. Constitution was ratified in 1788, its impact on our lives is as recent as today's news. Claims and counterclaims about the constitutionality of governmental actions are a habit of American politics. This document, which its framers designed to limit power, often has made political conflict inevitable. It also has accommodated and legitimized the political and social changes of a vibrant, powerful democratic nation. A product of history's first modern revolution, the Constitution embraced a new formula for government: it restrained power on behalf of liberty, but it also granted power to promote and protect liberty. The U.S. Constitution: A Very Short Introduction explores the major themes that have shaped American constitutional history-- federalism, the balance of powers, property, representation, equality, rights, and security. Informed by the latest scholarship, this book places constitutional history within the context of American political and social history. We do not operate today under the same Constitution created by our founding fathers or the Constitution as completed by the Bill of Rights in 1791 or even the one revised by the Reconstruction amendments. Nor are we the same nation. As our circumstances have changed, so has our Constitution.Today we face serious challenges to the nation's constitutional legacy. Endless wars, a sharply divided electorate and deadlocked government, economic inequality, immigration, cybersecurity and privacy, and foreign interference in the nation's democratic processes, among a host of other issues, have placed demands on government and on society that test our constitutional values. Understanding how the Constitution has evolved will help us adapt its principles to the challenges of our age"--

The Concept of Liberty in the Age of the American Revolution

Author: John Phillip Reid

Publisher: University of Chicago Press

ISBN: 9780226708966

Category: Political Science

Page: 224

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"Liberty was the most cherished right possessed by English-speaking people in the eighteenth century. It was both an ideal for the guidance of governors and a standard with which to measure the constitutionality of government; both a cause of the American Revolution and a purpose for drafting the United States Constitution; both an inheritance from Great Britain and a reason republican common lawyers continued to study the law of England." As John Philip Reid goes on to make clear, "liberty" did not mean to the eighteenth-century mind what it means today. In the twentieth century, we take for granted certain rights—such as freedom of speech and freedom of the press—with which the state is forbidden to interfere. To the revolutionary generation, liberty was preserved by curbing its excesses. The concept of liberty taught not what the individual was free to do but what the rule of law permitted. Ultimately, liberty was law—the rule of law and the legalism of custom. The British constitution was the charter of liberty because it provided for the rule of law. Drawing on an impressive command of the original materials, Reid traces the eighteenth-century notion of liberty to its source in the English common law. He goes on to show how previously problematic arguments involving the related concepts of licentiousness, slavery, arbitrary power, and property can also be fit into the common-law tradition. Throughout, he focuses on what liberty meant to the people who commented on and attempted to influence public affairs on both sides of the Atlantic. He shows the depth of pride in liberty—English liberty—that pervaded the age, and he also shows the extent—unmatched in any other era or among any other people—to which liberty both guided and motivated political and constitutional action.

The British Constitution: A Very Short Introduction

Author: Martin Loughlin

Publisher: Oxford University Press

ISBN: 0199697698

Category: Law

Page: 135

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The British constitution has grown organically in response to changes in its economic, political, and social environment, and is not contained in a single authoritative text. In this Very Short Introduction, Martin Loughlin examines the nature and authority of the constitution, and its challenging prospects for the future.

Common law

Author: Oliver Wendell Holmes

Publisher: N.A

ISBN: 9783428121519

Category: Common law

Page: 423

View: 1233

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The Scottish Invention of America, Democracy and Human Rights

A History of Liberty and Freedom from the Ancient Celts to the New Millennium

Author: Alexander Leslie Klieforth,Robert John Munro

Publisher: University Press of America

ISBN: 9780761827917

Category: History

Page: 434

View: 8399

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The Scottish Invention of America, Democracy and Human Rights is a history of liberty from 1300 BC to 2004 AD. The book traces the history of the philosophy and fight for freedom from the ancient Celts to the medieval Scots to the Scottish Enlightenment to the creation of America. The work contends that the roots of liberty originated in the radical political thought of the ancient Celts, the Scots' struggle for freedom, John Duns Scotus and the Scottish declaration of independence (Arbroath, 1320) that were the primary basis of the American Declaration of Independence and the modern human rights movement.