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Law, Liberty and the Constitution

Author : Harry Potter
Publisher : Boydell & Brewer Ltd
Page : 364 pages
File Size : 16,30 MB
Release : 2015
Category : History
ISBN : 178327011X

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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.

A Concise History of the Common Law

Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 16,32 MB
Release : 2001
Category : Common law
ISBN : 1584771372

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Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Common-law Liberty

Author : James Reist Stoner
Publisher :
Page : 230 pages
File Size : 16,37 MB
Release : 2003
Category : Law
ISBN :

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In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

Origins of the Common Law

Author : Arthur Reed Hogue
Publisher :
Page : 271 pages
File Size : 43,93 MB
Release : 1986
Category : Law
ISBN : 9780865970540

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Written for the beginning student as well as the experienced scholar, this introductory analysis of the origin and early development or the English common law provides and excellent grounding for the early study of legal history. Between 1154, when Henry II became king, and 1307, when Edward I died, the common law underwent spectacular growth. The author begins with a discussion of the relationship between the early rules of common law and the social order they serve during this period and concludes with an extended commentary on the durability and continued growth of the common law in modern times.

Genuine Frontier Liberty

Author : Jon Garate
Publisher : Xlibris Corporation
Page : 220 pages
File Size : 20,83 MB
Release :
Category : Political Science
ISBN : 1796042560

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This book is about liberty as it existed in one homestead community on the American frontier in an isolated high desert region of northeast California and how the Genuine Frontier Liberty was made possible by customary common law and a complete absence of government intrusion, restraint, and enforcement (IRE). It is the personal account of the author, Jon Garate, along with various oral histories from the pioneer era through the homestead era. This describes the purest form of liberty and self-governing that can exist. Here we see the Triangle of Liberty depicted on the cover—the triangle being one of the strongest geometric forms known. Liberty is supported by a triangle mounted on the great foundation stones of customary common law on one side and freedom from government on the other. The minuteman at the right of the Triangle of Liberty is taken from a picture of the author in 1964. The upper background picture is the author’s family homestead in 1980, taken from a point on the north base of Spanish Springs Peak, an extinct volcano in northeast California. The view is looking across the Madeline Plains to the northwest. The white building to the left of the triangle is the original homestead house built in 1910. The lower background picture is of the homestead workshop around 1950. This picture is looking east from the ranch house toward the shop, which is the larger central structure with the A-frame structure in front. The shop was the first structure built on the homestead in 1909. The A-frame is the smokehouse for curing meat. The structure to the right of the shop is the chicken house. To the center right is the old horse-drawn light-freight wagon, which was the first vehicle driven by the author as a young boy. The person on the right is the author’s father, Thomas Jefferson Garate (1906–1988). On his left is the author’s mother, Faye “Haley” Garate (1920–2016). The chickens are unnamed.

Common Law & Natural Rights

Author : Ruben Alvarado
Publisher : WordBridge Publishing
Page : 160 pages
File Size : 14,33 MB
Release : 2009-08
Category : Law
ISBN : 9076660085

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Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.

Law, Liberty, and Parliament

Author : Allen D. Boyer
Publisher :
Page : 0 pages
File Size : 25,50 MB
Release : 2004
Category : Law
ISBN : 9780865974265

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Sir Edward Coke remains one of the most important figures in the history of the common law. The essays collected in this volume provide a broad context for understanding and appreciating the scope of Coke's achievement: his theory of law, his work as a lawyer and a judge, his role in pioneering judicial review, his leadership of the Commons, and his place in the broader culture of Elizabethan and Jacobean England. Sir Edward Coke claimed for judges the power to strike down statutes, created the modern common law by reshaping medieval precedents, and, in the House of Commons, led the gathering forces that would ultimately establish a constitutional regime of ordered liberty and responsible, representative government. Although much has been written on Coke, there has been no single adequate study or collection of these writings until now. Law, Liberty, and Parliament brings together material that not only is useful for understanding Coke's career and achievement but also illuminates the late Elizabethan and early Stuart periods in which the common law became inextricably identified with constitutional authority. Allen D. Boyer, author of Sir Edward Coke and the Elizabethan Age, is a lawyer in New York City and a frequent contributor to the New York Times Book Review. Dr. Boyer serves on the advisory board of the Yale Center for Parliamentary History.

The Concept of Ordered Liberty and the Common-Law Due-Process Tradition

Author : Matthew W. Lunder
Publisher : Rowman & Littlefield
Page : 285 pages
File Size : 46,77 MB
Release : 2021-01-12
Category : Law
ISBN : 1793626359

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The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.