Challenges to authority and the recognition of rights : from Magna Carta to modernity / edited by Catharine MacMillan, Charlotte Smith.

Format:

Book

Contributor:

MacMillan, Catharine, editor.

Smith, Charlotte (Charlotte Louise), editor.

Language:

English

Subjects (All):

Magna Carta--Congresses.

Magna Carta.

Rule of law--England--History.

Rule of law.

Constitutional history--England--Sources.

Constitutional history.

History.

England.

Genre:

Sources.

Conference papers and proceedings.

Physical Description:

1 online resource (ix, 351 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2018.

System Details:

text file

PDF

Summary:

While challenges to authority are generally perceived as destructive to legal order, this original collection of essays, with Magna Carta at its heart, questions this assumption. In a series of chapters concerned with different forms of challenges to legal authority - over time, geographical place, and subject matters both public and private - this volume demonstrates that challenges to authority which seek the recognition of rights actually change the existing legal order rather than destroying it. The chapters further explore how the myth of Magna Carta emerged and its role in the pre-modern world; how challenges to authority formed the basis of the recognition of rights in particular areas within England; and how challenges to authority resulted in the recognition of particular rights in the United States, Canada, Australia and Germany. This is a uniquely insightful thematic collection which proposes a new view into the processes of legal change.

Contents:

Magna Carta : the emergence of the myth / John Baker

Benefit of clergy and the authority of Magna Carta / Margaret McGlynn

How to get rid of a king : lawyering the revolution of 1399 / David Seipp

Magna Carta and the fragmented authorities of the later Middle Ages / Anthony Musson

Revolution principles and the revolution bench / Mike Mcnair

Magna Carta clauses 4 and 5 and the problem of account / Joshua Getzler

Some effects of war on the law in late 18th and Early 19th-century England / James Oldham

Tax, freedom and social expectations : fiscal impact on the built environment in nineteenth-century England / Chantal Stebbings

The Magna Carta in the German discourse about English constitutional law between the 18th and the early 20th century / Andreas Thier

A Magna Carta for the world? : the constitutional protection of foreign subjects in the Age of Revolution / Daniel Hulsebosch

The state of slavery : the slave, grace, and the rise of pro-slavery constitutionalism in the nineteenth-century Atlantic world / Patricia Hagler Minter

The royal proclamation of 1763 : an indigenous Magna Carta's rough ride in British Columbia / Hamar Foster

Law : challenges to authority and the recognition of rights : examples from British India / Raymond Cocks

Unfortunate necessities of warfare? : Australia's national security regulations and the right to free speech during World War I / Diane Kirkby.

Notes:

Title from publisher's bibliographic system (viewed on 30 Aug 2018).

Other Format:

Print version:

ISBN:

9781108554336

Access Restriction:

Restricted for use by site license.