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Magna Carta is among the most famous documents in the history of the world, credited with being the first effective check in writing on arbitrary, oppressive and unjust rule - in a word, on tyranny. The fame of Magna Carta spread as England, and later Britain, came to girdle the globe in its power. This volume is the first to examine the importance of Ireland in the story of Magna Carta's dissemination. Four centuries before Magna Carta crossed the Atlantic, it had already been implanted across the Irish Sea. A version of the charter, issued in November 1216 in the name of the boy-king Henry III, was sent to Ireland, where it became fundamental to the English common law tradition in Ireland that survives to the present. This volume - the proceedings of a conference marking the 800th anniversary of the transmission of Magna Carta to Ireland - explores the paradoxes presented by the reception of Magna Carta into Irish law, above all the contested idea of ? ? ? ? liberty' that developed in Ireland. Contributors examine the legal, political and polemical uses to which Magna Carta was put from the thirteenth century onwards, as well as its twentieth- and twentieth-first century invocations as a living presence in contemporary Irish law. The volume also includes a new edition and translation of the Magna Carta Hibernie ('The Great Charter of Ireland') - an adaptation of the 1216 issue of Magna Carta found in the Red Book of the Irish Exchequer, which was destroyed in 1922. Subjects: Irish History; Legal History; Magna Carta; Medieval History].
When it was granted by King John in 1215, the Magna Carta was a practical solution to a political crisis. In the centuries since, it has become a potent symbol of liberty and the rule of law. Drawing on the rich historical collections of the British Library--including two original copies of Magna Carta from 1215--this book brings to life the history and contemporary resonance of this globally important document. It features treasured artifacts inspired by the rich legacy of Magna Carta, including Thomas Jefferson's handwritten draft of the Declaration of Independence and an original copy of the Bill of Rights.
"Dan Jones has an enviable gift for telling a dramatic story while at the same time inviting us to consider serious topics like liberty and the seeds of representative government." —Antonia Fraser From the New York Times bestselling author of The Plantagenets, a lively, action-packed history of how the Magna Carta came to be—by the author of Powers and Thrones. The Magna Carta is revered around the world as the founding document of Western liberty. Its principles—even its language—can be found in our Bill of Rights and in the Constitution. But what was this strange document and how did it gain such legendary status? Dan Jones takes us back to the turbulent year of 1215, when, beset by foreign crises and cornered by a growing domestic rebellion, King John reluctantly agreed to fix his seal to a document that would change the course of history. At the time of its creation the Magna Carta was just a peace treaty drafted by a group of rebel barons who were tired of the king's high taxes, arbitrary justice, and endless foreign wars. The fragile peace it established would last only two months, but its principles have reverberated over the centuries. Jones's riveting narrative follows the story of the Magna Carta's creation, its failure, and the war that subsequently engulfed England, and charts the high points in its unexpected afterlife. Reissued by King John's successors it protected the Church, banned unlawful imprisonment, and set limits to the exercise of royal power. It established the principle that taxation must be tied to representation and paved the way for the creation of Parliament. In 1776 American patriots, inspired by that long-ago defiance, dared to pick up arms against another English king and to demand even more far-reaching rights. We think of the Declaration of Independence as our founding document but those who drafted it had their eye on the Magna Carta.
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England’s common law. The laity’s legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period.
History.
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.