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“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
"This book is a political, social, and environmental history of the many attempts to drain the Fens of eastern England during the late sixteenth and seventeenth centuries, both the early failures and the eventual successes. Fen drainage projects were supposed to transform hundreds of thousands of acres of wetlands into dry farmland capable of growing grain and other crops, and also reform the sickly, backward fenland inhabitants into civilized, healthy farmers, to the benefit of the entire commonwealth. Fenlanders, however, viewed the drainage as a grave threat to their local landscape, economy, and way of life. At issue were two different understandings of the Fens, what they were and ought to be; the power to define the Fens in the present was the power to determine their future destiny. The drainage projects, and the many conflicts they incited, illustrate the ways in which politics, economics, and ecological thought intersected at a time when attitudes toward both the natural environment and the commonwealth were shifting. Promoted by the crown, endorsed by agricultural improvement advocates, undertaken by English and Dutch projectors, and opposed by fenland commoners, the drainage of the Fens provides a fascinating locus to study the process of state building in early modern England, and the violent popular resistance it sometimes provoked. In exploring the many challenges the English faced in re-conceiving and re-creating their Fens, this book addresses important themes of environmental, political, economic, social, and technological history, and reveals new dimensions of the evolution of early modern England into a modern, unitary, capitalist state"--
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
This study of Edward Coke's legal thought reinterprets the political and legal thought of early Stuart England.
The text is ambitious in scope, reflecting the author's position as a historical geographer, and covers a broad range of disciplinary perspectives, ranging from geology to socio-economic analysis. Numerous illustrative figures are contained, including maps, diagrams and photographs of the area, and a bibliography is also provided.
The debate about when the middle ages ended and the modern era began, has long been a staple of the historical literature. In order to further this debate, and illuminate the implications of a longue durée approach to the history of the Reformation, this collection offers a selection of essays that address the medieval-modern divide. Covering a broad range of topics - encompassing legal, social, cultural, theological and political history - the volume asks fundamental questions about how we regard history, and what historians can learn from colleagues working in other fields that may not at first glance appear to offer any obvious links. By focussing on the concept of the medieval-modern divide - in particular the relation between the Middle Ages and the Reformation - each essay examines how a medievalist deals with a specific topic or issue that is also attracting the attention of Reformation scholars. In so doing it underlines the fact that both medievalists and modernists are often involved in bridging the medieval-modern divide, but are inclined to construct parallel bridges that end between the two starting points but do not necessarily meet. As a result, the volume challenges assumptions about the strict periodization of history, and suggest that a more flexible approach will yield interesting historical insights.
This book traces the beginnings of a shift from one model of gendered power to another. Over the course of the seventeenth and early eighteenth centuries, traditional practices of local government by heads of household began to be undermined by new legal ideas about what it meant to hold office. In London, this enabled the emergence of a new kind of officeholding and a new kind of policing, rooted in a fraternal culture of official masculinity. London officers arrested, searched, and sometimes assaulted people on the basis of gendered suspicions, especially poorer women. Gender and Policing in Early Modern England describes how a recognisable form of gendered policing emerged from practices of local government by patriarchs and addresses wider questions about the relationship between gender and the state.