Law Reform in Early Modern England

Law Reform in Early Modern England
Author: Barbara J Shapiro
Publisher: Bloomsbury Publishing
Total Pages: 272
Release: 2020-02-20
Genre: Law
ISBN: 1509934235

This book provides an illuminating commentary of law reform in the early modern era (1500–1740) and views the moves to improve law and legal institutions in the context of changing political and governmental environments. Taking a fresh look at law reform over several centuries, it explores the efforts of the king and parliament, and the body of literature supporting law reform that emerged with the growth of print media, to assess the place of the well-known attempts of the revolutionary era in the context of earlier and later movements. Law reform is seen as a long term concern and a longer time frame is essential to understand the 1640–1660 reform measures. The book considers two law reform movements: the moderate movement which had a lengthy history and whose chief supporters were the governmental and parliamentary elites, and which focused on improving existing law and legal institutions, and the radical reform movement, which was concentrated in the revolutionary decades and which sought to overthrow the common law, the legal profession and the existing system of courts. Informed by attention to the institutional difficulties in completing legislation, this highlights the need to examine particular parliaments. Although lawyers have often been seen as the chief obstacles to law reform, this book emphasises their contributions – particularly their role in legislation and in reforming the corpus of legal materials – and highlights the previously ignored reform efforts of Lord Chancellors.

Law, Politics and Society in Early Modern England

Law, Politics and Society in Early Modern England
Author: Christopher W. Brooks
Publisher: Cambridge University Press
Total Pages: 469
Release: 2009-01-08
Genre: History
ISBN: 1139475290

Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.

Law and Authority in Early Modern England

Law and Authority in Early Modern England
Author: Thomas Garden Barnes
Publisher: University of Delaware Press
Total Pages: 256
Release: 2007
Genre: Law
ISBN: 9780874139594

Deals with four themes: common law and its rivals, the growth in parliamentary authority, the assertion of royal authority, and royal authority and the governed.

Images and Cultures of Law in Early Modern England

Images and Cultures of Law in Early Modern England
Author: Paul Raffield
Publisher: Cambridge University Press
Total Pages: 320
Release: 2004-04-29
Genre: History
ISBN: 9780521827393

This book offers an interesting interpretation of the hidden culture of the early modern legal profession and its influence on the development of the English constitution. It locates an alternative site of political sovereignty in the legal communities at the Inns of Court in London, examining the signs of legitimacy by which they sought to validate the claim that common law represented sovereign constitutional authority. The role of symbols in the culture of English law is central to the book's analysis. Within the framework of a cultural history of the legal profession from 1558 to 1660, the book considers the social presence of the law, revealed in its various signs. It analyses how institutional existence at the Inns of Court presented the legal community as an emblematic template for the English nation-state, defending the sovereignty of the Ancient Constitution by reference to the immemorial provenance of common law.

A History of Law in Europe

A History of Law in Europe
Author: Antonio Padoa-Schioppa
Publisher: Cambridge University Press
Total Pages: 823
Release: 2017-08-03
Genre: History
ISBN: 1107180694

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

Legal Reform in English Renaissance Literature

Legal Reform in English Renaissance Literature
Author: Virginia Lee Strain
Publisher: Edinburgh University Press
Total Pages: 229
Release: 2018-03-14
Genre: Law
ISBN: 1474416306

This book investigates rhetorical and representational practices that were used to monitor English law at the turn of the seventeenth century. The late-Elizabethan and early-Jacobean surge in the policies and enforcement of the reformation of manners has been well-documented. What has gone unnoticed, however, is the degree to which the law itself was the focus of reform for legislators, the judiciary, preachers, and writers alike. While the majority of law and literature studies characterize the law as a force of coercion and subjugation, this book instead treats in greater depth the law's own vulnerability, both to corruption and to correction. In readings of Spenser's 'Faerie Queene', the 'Gesta Grayorum', Donne's 'Satyre V', and Shakespeare's 'Measure for Measure' and 'The Winter's Tale', Strain argues that the terms and techniques of legal reform provided modes of analysis through which legal authorities and literary writers alike imagined and evaluated form and character. Reevaluates canonical writers in light of developments in legal historical research, bringing an interdisciplinary perspective to works. Collects an extensive variety of legal, political, and literary sources to reconstruct the discourse on early modern legal reform, providing an introduction to a topic that is currently underrepresented in early modern legal cultural studiesAnalyses the laws own vulnerability to individual agency.

Law, Lawyers and Litigants in Early Modern England

Law, Lawyers and Litigants in Early Modern England
Author: Joanne Begiato
Publisher: Cambridge University Press
Total Pages: 385
Release: 2019-06-27
Genre: History
ISBN: 1108491723

Explores the impact of legal ideas and legal consciousness on early modern English society and culture.

The Culture of Equity in Early Modern England

The Culture of Equity in Early Modern England
Author: Mark Fortier
Publisher: Routledge
Total Pages: 226
Release: 2016-03-16
Genre: Literary Criticism
ISBN: 1317036670

Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an