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The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Nils Jansen

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.001.0001
Subject:
Law, Philosophy of Law

Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies — legislatures, courts, and regulators — that fit ... More


The English Public Lawyers' Constitution

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0002
Subject:
Political Science, Comparative Politics, UK Politics

Sir Alan Lascelles states the constitution (except the bits we are not allowed to know about) in an anonymous letter ‘The doctrine of parliamentary supremacy since Blackstone’. Bagehot; Dicey; Low; ... More


Legal Christianity Conceived

Steven K. Green

in The Second Disestablishment: Church and State in Nineteenth-Century America

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195399677
eISBN:
9780199777150
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399677.003.0005
Subject:
Religion, History of Christianity, Religion and Society

This begins a three-chapter discussion of legal disestablishment, of the development and decline of the maxim that Christianity formed part of the common law. It traces the origins of the maxim in ... More


Blackstone and Bentham: The Law of Nations and International Law

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0001
Subject:
Law, Public International Law, Legal History

English jurist, William Blackstone's Commentaries, published between 1765 and 1769, transmitted the common law's traditional perception of the law of nations to American lawyers who would declare ... More


First Principles: The American War and the ‘Playwright Patriot’

David Francis Taylor

in Theatres of Opposition: Empire, Revolution, and Richard Brinsley Sheridan

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199642847
eISBN:
9780191738869
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199642847.003.0002
Subject:
Literature, Drama, 18th-century Literature

This chapter affirms the degree of Sheridan’s engagement with contemporary politics well before he entered the House of Commons in 1780. The first section, drawing upon unpublished manuscript ... More


Original Understanding: Preconstitutional Sources and the Drafting and Ratification Process

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter considers the various pre-constitutional sources that the Court relies on to discover the original understanding as well as the uses that it has made of material relating to the drafting ... More


Supremacy and the Supervisory Power

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.002
Subject:
Law, Constitutional and Administrative Law

This chapter concentrates on the meaning of supremacy and its close association in the minds of the Framers of the Constitution with the supervisory powers of King's Bench in England. These ... More


: The Fugitive Slave Problem to 1850

Don E. Fehrenbacher and Ward M. McAfee

in The Slaveholding Republic: An Account of the United States Government's Relations to Slavery

Published in print:
2002
Published Online:
October 2011
ISBN:
9780195158052
eISBN:
9780199849475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195158052.003.0007
Subject:
History, American History: 19th Century

Runaways were a common feature of late colonial society, and from Virginia northward, especially, they included white persons as well as black. George Washington, who had a relatively small number of ... More


Constitutional Theory I: From the Fragment to the French Revolution

F. Rosen

in Bentham, Byron, and Greece: Constitutionalism, Nationalism, and Early Liberal Political Thought

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198200789
eISBN:
9780191674778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198200789.003.0003
Subject:
History, British and Irish Modern History, History of Ideas

In the Fragment on Government, Jeremy Bentham posed the general question of how free and despotic governments differed. Bentham's list is important for this chapter's purposes in two respects. ... More


The Separation of Powers

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0007
Subject:
Law, Comparative Law, Legal History

Contradictory institutional demands for both judicial independence and expertise in administrative disputes are related to theoretical and everyday requirements of objectivity and subjectivity. This ... More


Blackstone’s and Hale’s Doctrines of Land and Water Use

JOSHUA GETZLER

in A History of Water Rights at Common Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.003.0005
Subject:
Law, Environmental and Energy Law

In the early 17th century, Sir Edward Coke (1552-1634) in his Institutes and Reports gives some treatment of incorporeal rights and prescriptions, especially in relation to commons and fisheries; but ... More


English Interrogation Law from 1674–1848

George C. Thomas III and Richard A. Leo

in Confessions of Guilt: From Torture to Miranda and Beyond

Published in print:
2012
Published Online:
May 2012
ISBN:
9780195338935
eISBN:
9780199933303
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195338935.003.0003
Subject:
Law, Criminal Law and Criminology

English criminal cases in the late seventeenth century began to show hints of concern about out-of-court confessions produced by fear or promises. Hale’s Pleas of the Crown, published in 1736, was ... More


Myth and Reality

DAVID CLARK and GERARD McCOY

in The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198265849
eISBN:
9780191715280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265849.003.0002
Subject:
Law, Human Rights and Immigration, Philosophy of Law

If laws authorising detentions permit what would otherwise be arbitrary detentions, then the writ of habeas corpus is rendered ineffective. In some legal systems these powers are very wide (for ... More


Human Rights, Fundamental Freedoms, and the World of the Common Law

A. W. BRAIN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0001
Subject:
Law, Human Rights and Immigration, EU Law

This chapter emphasizes the need for a special explanation as to why Britain, whose legal culture was traditionally hostile to the adoption of formal bills of rights, came to play a major role in the ... More


Blackstone's Theoretical Intentions

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0009
Subject:
Law, Philosophy of Law

The introductory discourse in Blackstone's Commentaries on the Laws of England (1765), and its definition of law, has usually been read as focused on the thesis that unjust laws are not laws. But ... More


Liberty Intact: Human Rights in English Law

Michael Tugendhat

Published in print:
2016
Published Online:
February 2017
ISBN:
9780198790990
eISBN:
9780191833403
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198790990.001.0001
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

This short history of human rights for lawyers, and others interested in history and politics, shows that they are British rights, not because Britons invented these ‘rights of mankind’, but because ... More


British Constitutionalism

T. R. S. Allan

in Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259916
eISBN:
9780191682025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259916.003.0001
Subject:
Law, Constitutional and Administrative Law

Dicey's dogmatic distinction between law and convention, for all its continuing influence on public lawyers, is only another manifestation of the positivist outlook responsible for the rule of ... More


Contemporary American Harshness: Rejecting Respect for Persons

James Q. Whitman

in Harsh Justice: Criminal Punishment and the Widening Divide between America and Europe

Published in print:
2005
Published Online:
March 2012
ISBN:
9780195182606
eISBN:
9780199850266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195182606.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter refers to Blackstone's Commentaries to further examine Blackstone's interpretation of the place that the respect for persons holds in the ... More


Law and Enlightenment: Ivan Tret’iakov and Semen Desnitskii

G. M. Hamburg

in Russia's Path Toward Enlightenment: Faith, Politics, and Reason, 1500-1801

Published in print:
2016
Published Online:
January 2017
ISBN:
9780300113136
eISBN:
9780300224191
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113136.003.0013
Subject:
History, Russian and Former Soviet Union History

This chapter examines the place of law in Russian Enlightenment thought by focusing on the views of Ivan Andreevich Tret’iakov (1735–1776) and Semen Efimovich Desnitskii. Outside of the government ... More


William Blackstone (1723–1780)

Lisa L. Moore, Joanna Brooks, and Caroline Wigginton (eds)

in Transatlantic Feminisms in the Age of Revolutions

Published in print:
2012
Published Online:
March 2015
ISBN:
9780199743483
eISBN:
9780190252830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199743483.003.0023
Subject:
Literature, American, 18th Century and Early American Literature, Women's Literature

In his Commentaries on the Laws of England (1765–1769), Sir William Blackstone articulated the legal doctrine of coverture or feme covert (l“covered woman”). According to Blackstone, women lose the ... More


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