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In the aftermath of the Seven Years' War, when a variety of conquered and ceded territories became part of an expanding British Empire, crucial struggles emerged about what it meant to be a "British subject." Individuals in Grenada, Quebec, Minorca, Gibraltar, and Bengal debated the meanings and rights of subjecthood, with many capitalizing on legal ambiguities and local exigencies to secure access to political and economic benefits. Inhabitants and colonial administrators transformed subjecthood into a shared language, practice, and opportunity as individuals proclaimed their allegiance to the crown and laid claim to a corresponding set of protections. Approaching subjecthood as a protean and porous concept, rather than an immutable legal status, Subjects and Sovereign demonstrates that it was precisely subjecthood's fluidity and imprecision that rendered it so useful to a remarkably diverse group of individuals. In this book, Hannah Weiss Muller reexamines the traditional bond between subjects and sovereign and argues that this relationship endured as a powerful site for claims-making throughout the eighteenth century. Muller analyzes both legal understandings of subjecthood, as well as the popular tradition of declaring rights, in order to demonstrate why subjects believed they were entitled to make requests of their sovereign. She reconsiders narratives of upheaval during the Age of Revolution and insists on the relevance and utility of existing structures of state and sovereign. Emphasizing the stories of subjects who successfully leveraged their loyalty and negotiated their status, she also explores how and why subjecthood remained an organizing and contested principle of the eighteenth-century British Empire. By placing the relationship between subjects and sovereign at the heart of her analysis, Muller offers a new perspective on a familiar period and suggests that imperial integration was as much about flexible and expansive conceptions of belonging as it was about shared economic, political, and intellectual networks.
Drawing on politics, religion, law, literature, and philosophy, this interdisciplinary study is a sequel to Mark Fortier’s bookThe Culture of Equity in Early Modern England (Ashgate, 2006). The earlier volume traced the meanings and usage of equity in broad cultural terms (including but not limited to law) to position equity as a keyword of valuation, persuasion, and understanding; the present volume carries that work through the Restoration and eighteenth century in Britain and America. Fortier argues that equity continued to be a keyword, used and contested in many of the major social and political events of the period. Further, he argues that equity needs to be seen in this period largely outside the Aristotelian parameters that have generally been assumed in scholarship on equity.
"Americans did not rebel from Great Britain because they wanted a different government. They rebelled because they believed that Parliament was violating constitutional precepts. Colonial Whigs did not fight for American rights. They fought for English rights."—from the Preface John Phillip Reid goes on to argue that it was generally the application, not the definition, of these rights that was disputed. The sole—and critical—exception concerned the right of representation. American perceptions of the responsibility of representatives to their constituents, the necessity of equal representation, and the constitutional function of consent had diverged gradually, but significantly, from British tradition. Drawing on his mastery of eighteenth-century legal thought, Reid explores the origins and shifting meanings of representation, consent, arbitrary rule, and constitution. He demonstrates that the controversy which led to the American Revolution had more to do with jurisprudential and constitutional principles than with democracy and equality. This book will interest legal historians, Constitutional scholars, and political theorists.
Americans have been claiming and defending rights since long before the nation achieved independence. But few Americans recognize how profoundly the nature of rights has changed over the past three hundred years. In The Nature of Rights at the American Founding and Beyond, Barry Alan Shain gathers together essays by some of the leading scholars in American constitutional law and history to examine the nature of rights claims in eighteenth-century America and how they differed, if at all, from today’s understandings. Was America at its founding predominantly individualistic or, in some important way, communal? Similarly, which understanding of rights was of greater centrality: the historical "rights of Englishmen" or abstract natural rights? And who enjoyed these rights, however understood? Everyone? Or only economically privileged and militarily responsible male heads of households? The contributors also consider how such concepts of rights have continued to shape and reshape the American experience of political liberty to this day. Beginning with the arresting transformation in the grounding of rights prompted by the American War of Independence, the volume moves through what the contributors describe as the "Founders’ Bill of Rights" to the "second" Bill of Rights that coincided with the Civil War, and ends with the language of rights erupting from the horrors of the Second World War and its aftermath in the Cold War. By asking what kind of nation the founding generation left us, or intended to leave us, the contributors are then able to compare that nation to the nation we have become. Most, if not all, of the essays demonstrate that the nature of rights in America has been anything but constant, and that the rights defended in the late eighteenth century stand at some distance from those celebrated today. Contributors:Akhil Reed Amar, Yale University * James H. Hutson, Library of Congress * Stephen Macedo, Princeton University * Richard Primus, University of Michigan * Jack N. Rakove, Stanford University * John Phillip Reid, New York University * Daniel T. Rodgers, Princeton University * A. Gregg Roeber, Pennsylvania State University * Barry Alan Shain, Colgate University * Rogers M. Smith, University of Pennsylvania * Leif Wenar, University of Sheffield * Gordon S. Wood, Brown University
"Liberty was the most cherished right possessed by English-speaking people in the eighteenth century. It was both an ideal for the guidance of governors and a standard with which to measure the constitutionality of government; both a cause of the American Revolution and a purpose for drafting the United States Constitution; both an inheritance from Great Britain and a reason republican common lawyers continued to study the law of England." As John Philip Reid goes on to make clear, "liberty" did not mean to the eighteenth-century mind what it means today. In the twentieth century, we take for granted certain rights—such as freedom of speech and freedom of the press—with which the state is forbidden to interfere. To the revolutionary generation, liberty was preserved by curbing its excesses. The concept of liberty taught not what the individual was free to do but what the rule of law permitted. Ultimately, liberty was law—the rule of law and the legalism of custom. The British constitution was the charter of liberty because it provided for the rule of law. Drawing on an impressive command of the original materials, Reid traces the eighteenth-century notion of liberty to its source in the English common law. He goes on to show how previously problematic arguments involving the related concepts of licentiousness, slavery, arbitrary power, and property can also be fit into the common-law tradition. Throughout, he focuses on what liberty meant to the people who commented on and attempted to influence public affairs on both sides of the Atlantic. He shows the depth of pride in liberty—English liberty—that pervaded the age, and he also shows the extent—unmatched in any other era or among any other people—to which liberty both guided and motivated political and constitutional action.
John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.
The author presents a new picture of political life in mid-eighteenth century Britain, a period of history which is poorly understood. Written in a clear, accessible style, and drawing on much original material, this book argues that British politics and political culture in the mid eighteenth century have often been poorly understood through over-emphasis on 'stability'. Using a thematic approach, it reconstructs a political world in which vital issues continued to exercise the minds and emotions of those who made up the contemporary 'political nation', a group which included far more than the handful of politicans who competed for national political office. This is a book which interprets its subject broadly, and which seeks to tell the stories of politics in this period through the words and projects, hopes and fears, of contemporaries . It also represents an important contribution to the difficult, but important, project of writing the history of the British Isles. Development in Scotland and Ireland are given careful attention along with those of England.