Search results

You are looking at 1 - 10 of 75 items for :

  • "legal culture" x
  • Refine by access: All content x
Clear All
The growth of legal consciousness from Magna Carta to the Peasants’ Revolt
Author: Anthony Musson

This book is intended as both a history of judicial developments in the thirteenth and fourteenth centuries and as a contribution to the intellectual history of the period. The dates 1215 and 1381 mark significant turning points in English history. The product of legal culture and experiences, 'legal consciousness' can be seen both as an active element shaping people's values, beliefs and aspirations and also as a passive agent providing a reserve of knowledge, memory and reflective thought, influencing not simply the development of the law and legal system, but also political attitudes. Focusing on the different contexts of law and legal relations, the book aims to shift the traditional conceptual boundaries of 'law', portraying both the law's inherent diversity and its multi-dimensional character. By offering a re-conceptualisation of the role of the law in medieval England, the book aims to engage the reader in new ways of thinking about the political events occurring during these centuries. It considers the long-term effects of civil lawyer, Master John Appleby's encounter with forces questioning royal government and provides a new explanation for the dangerous state of affairs faced by the boy-king during the Peasants' Revolt over a century and a half later. The book puts forward the view that the years subsequent to the signing of Magna Carta yielded a new (and shifting) perspective, both in terms of prevailing concepts of 'law' and 'justice' and with regard to political life in general.

Abstract only
Chartering English colonies on the American mainland in the seventeenth century
Christopher Tomlins

justify their activities. It is hardly novel to investigate things American as constructs of English law. Much of American historiography assumes English legal culture as a foundation, notably as a font of liberties more perfectly realized in a revolutionary America. Not for some considerable time has it been thought worth exploring whether the substance of the English template

in Law, history, colonialism
Abstract only
The cultural construction of the British world
Barry Crosbie and Mark Hampton

culture. It is based on the premise that the British world was held together by more than the material factors of demography, economics and military power: there was what the book terms a ‘cultural British world’ underpinning much of Darwin’s system, one that we argue was structured around a complex series of multilateral networks based on leisure, family organisation, ideologies, legal cultures, religion

in The cultural construction of the British world
Abstract only
Archaism, etymology and the idea of development
William Rhodes

The references to Geoffrey Chaucer in A View of the Present State of Ireland seem surprisingly minor if we compare them to the older poet’s looming presence in Spenser’s verse. Chaucer appears only twice in Spenser’s prose dialogue on Irish colonial reform. In each case, his writings serve as a source of lexical evidence about contemporary Irish material and legal culture. Hardly comparable in scope and significance to Spenser’s emulation of and competition with Chaucer in his poetry, these references

in Rereading Chaucer and Spenser
John Lough

in the Schröder years reinforced the emergence of a legal culture that undermined the investment environment that Germany wished to improve. In different ways, Britain, France and the USA also persisted with outdated frameworks for dealing with Russia up to at least 2005 when Moscow’s different positions on Iraq and Ukraine as well its domestic political agenda had made it plain that there was an increasing disparity of values between Russia and Europe and rapidly decreasing opportunities for partnership. However, Paris, London and Washington had nothing

in Germany’s Russia problem
Abstract only
Moral theology and the exercise of law in twelfth-century England
Series: Artes Liberales
Author: Philippa Byrne

This book addresses one of the most acute moral and political dilemmas of the twelfth century: how did a judge determine how to punish an offender, and what was the purpose of such punishment? It examines how English judges weighed a choice which, if made wrongly, could endanger both the political community and their own souls. That choice was between two ideas which twelfth-century intellectual and legal thought understood as irreconcilable opposites: justice and mercy. By examining the moral pressures on English judges, Justice and Mercy provides a new way into medieval legal culture: rather than looking at the laws that judges applied, it reconstructs the moral world of the judges themselves. The book offers a fresh synthesis of the disciplines of intellectual history and legal history, examining theological commentaries, moral treatises, letters, sermons and chronicles in order to put the creation of the English common law into its moral context. This broad vision brings to light the shared language of justice and mercy, an idea which dominated twelfth-century discourse and had the potential to polarise political opinion. Justice and Mercy challenges many of the prevailing narratives surrounding the common law, suggesting that judges in church courts and royal courts looked strikingly similar, and that English judges had more in common with their continental counterparts than is often assumed.

Monastic exemption in France, c. 590– c. 1100

This book examines the history of monastic exemption in France. It maps an institutional story of monastic freedom and protection, which is deeply rooted in the religious, political, social, and legal culture of the early Middle Ages. Traversing many geo-political boundaries and fields of historical specialisation, this book evaluates the nature and extent of papal involvement in French monasteries between the sixth and eleventh centuries. Defining the meaning and value of exemption to medieval contemporaries during this era, it demonstrates how the papacy’s commitment, cooperation, and intervention transformed existing ecclesiastical and political structures. Charting the elaboration of monastic exemption privileges from a marginalised to centralised practice, this book asks why so many French monasteries were seeking exemption privileges directly from Rome; what significance they held for monks, bishops, secular rulers, and popes; how and why this practice developed throughout the early Middle Ages; and, ultimately, what impact monastic exemption had on the emerging identity of papal authority, the growth of early monasticism, Frankish politics and governance, church reform, and canon law.

State, market, and the Party in China’s financial reform
Author: Julian Gruin

Over more than thirty years of reform and opening, the Chinese Communist Party has pursued the gradual marketization of China’s economy alongside the preservation of a resiliently authoritarian political system, defying long-standing predictions that ‘transition’ to a market economy would catalyse deeper political transformation. In an era of deepening synergy between authoritarian politics and finance capitalism, Communists constructing capitalism offers a novel and important perspective on this central dilemma of contemporary Chinese development. This book challenges existing state–market paradigms of political economy and reveals the Eurocentric assumptions of liberal scepticism towards Chinese authoritarian resilience. It works with an alternative conceptual vocabulary for analysing the political economy of financial development as both the management and exploitation of socio-economic uncertainty. Drawing upon extensive fieldwork and over sixty interviews with policymakers, bankers, and former party and state officials, the book delves into the role of China’s state-owned banking system since 1989. It shows how political control over capital has been central to China’s experience of capitalist development, enabling both rapid economic growth whilst preserving macroeconomic and political stability. Communists constructing capitalism will be of academic interest to scholars and graduate students in the fields of Chinese studies, social studies of finance, and international and comparative political economy. Beyond academia, it will be essential reading for anyone interested in the evolution of Chinese capitalism and its implications for an increasingly central issue in contemporary global politics: the financial foundations of illiberal capitalism.

The Manchester School, colonial and postcolonial transformations
Author: Richard Werbner

Anthropology after Gluckman places the intimate circle around Max Gluckman, his Manchester School, in the vanguard of modern social anthropology. The book discloses the School’s intense, argument-rich collaborations, developing beyond an original focus in south and central Africa. Where outsiders have seen dominating leadership by Gluckman, a common stock of problems, and much about conflict, Richard Werbner highlights how insiders were drawn to explore many new frontiers in fieldwork and in-depth, reflexive ethnography, because they themselves, in class and gender, ethnicity and national origins, were remarkably inclusive. Characteristically different anthropologists, their careers met the challenges of being a public intellectual, an international celebrity, an institutional good citizen, a social and political activist, an advocate of legal justice. Their living legacies are shown, for the first time, through interlinked social biography and intellectual history to reach broadly across politics, law, ritual, semiotics, development studies, comparative urbanism, social network analysis and mathematical sociology. Innovation – in research methods and techniques, in documenting people’s changing praxis and social relations, in comparative analysis and a destabilizing strategy of re-analysis within ethnography – became the School’s hallmark. Much of this exploration confronted troubling times in Africa, colonial and postcolonial, which put the anthropologists and their anthropological knowledge at risk. The resurgence of debate about decolonization makes the accounts of fierce, End of Empire argument and recent postcolonial anthropology all the more topical. The lessons, even in activism, for social scientists, teachers as well as graduate and undergraduate students are compelling for our own troubled times.

By expanding the geographical scope of the history of violence and war, this volume challenges both Western and state-centric narratives of the decline of violence and its relationship to modernity. It highlights instead similarities across early modernity in terms of representations, legitimations, applications of, and motivations for violence. It seeks to integrate methodologies of the study of violence into the history of war, thereby extending the historical significance of both fields of research. Thirteen case studies outline the myriad ways in which large-scale violence was understood and used by states and non-state actors throughout the early modern period across Africa, Asia, the Americas, the Atlantic, and Europe, demonstrating that it was far more complex than would be suggested by simple narratives of conquest and resistance. Moreover, key features of imperial violence apply equally to large-scale violence within societies. As the authors argue, violence was a continuum, ranging from small-scale, local actions to full-blown war. The latter was privileged legally and increasingly associated with states during early modernity, but its legitimacy was frequently contested and many of its violent forms, such as raiding and destruction of buildings and crops, could be found in activities not officially classed as war.