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Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
This book examines these cases from the perspective of statutory interpretation, the judge's primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved .
Section 1983 Litigation
Why were so many religious images and objects broken and damaged in the course of the Reformation? Margaret Aston's magisterial new book charts the conflicting imperatives of destruction and rebuilding throughout the English Reformation from the desecration of images, rails and screens to bells, organs and stained glass windows. She explores the motivations of those who smashed images of the crucifixion in stained glass windows and who pulled down crosses and defaced symbols of the Trinity. She shows that destruction was part of a methodology of religious revolution designed to change people as well as places and to forge in the long term new generations of new believers. Beyond blanked walls and whited windows were beliefs and minds impregnated by new modes of religious learning. Idol-breaking with its emphasis on the treacheries of images fundamentally transformed not only Anglican ways of worship but also of seeing, hearing and remembering.
This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.
‘This volume, originally intended asthe first of two comprising The Making of English Law, provides the first full-length account of the Old English law-codes for over eighty years, and the first that has ever been published in the English language. It is designed to be both an authoritative work of reference for scholars seeking enlightenment on particular legal manuscripts or texts and a coherent account of how the corpus of Old English law from the seventh to the twelfth century came to subsist and survive. Part I opens with an account of the historians of early English law, including the immortal F. W. Maitland (1850-1906) and Felix Liebermann, author of the definitive edition of the law codes (1898-1916). It then provides the most detailed examination English of law and legislation on the European continent in the post-Roman era and of the earliest Anglo-Saxon legislators in the seventh century. This sets the scene for the law making of King Alfred and his successors. As well as providing an authoritative account of Anglo-Saxon legislation this much-anticipated book opens new perspectives on the emergence of the English State. It will be welcomed as a landmark in the study of English law and government, and as an exploration of the problem of authority in a pre-modern society.’ These changes are to be made to the about the book section and author bio and also to the jacket copy and should be fed out to all relevant websites.