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Colonial Massachusetts Laws and Liberties and the English Commonwealth: State Formation, the Rule of Law, and the People’s Welfare: Legal History Library, cartea 68

Autor Charles Edward Smith
en Limba Engleză Hardback – 22 aug 2024
On July 4, 1653, the Nominate or Barebones Parliament convened with a minority of committed radicals (Levellers and religious extremists) and a conservative majority of Cromwell’s allies. During acrimonious debates on law reform, the radicals demanded a condensed law book similar to the one adopted in Colonial Massachusetts.
These mostly overlooked events reveal a radical wing of Puritanism determined to found a self-governing state, fully cognizant of the real possibility that England would interdict such attempts by force of arms. This work investigates the motives for such a hazardous undertaking, and the possible influences these events had on the colony’s posterity.
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Specificații

ISBN-13: 9789004706330
ISBN-10: 900470633X
Pagini: 386
Dimensiuni: 155 x 235 mm
Greutate: 0.77 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal History Library


Notă biografică

Charles Edward Smith, Ph.D. (1998), University of Chicago, has recently retired from the US Dept. of Defense, where he served as the Director of Legislative Operations in the Office of the Assistant Secretary for Legislative Affairs.

Cuprins

Preface

Abbreviations

Introduction

Part 1
The English Commonwealth and the Protestant Reformation
1Massachusetts Capital Laws of 1642

2Education and Radical Religiosity


Part 2
Creating a Legal Authority in the “New World”
3No Taxation without Representation

4The Negative Voice

5The Standing Council


Part 3
Publishing Massachusetts Laws and Liberties
6The Body of Liberties of 1641

7Divine Magistracy vs. a Rule of Law

8The Laws and Liberties of 1648


Part 4
Transatlantic Legal Reform and Popular Sovereignty
9Penal Laws, Debt, and Early Modern Markets

10Ship Money, Rex v. Hampden, and Matters of State

11Popular Sovereignty: Salus Populi Suprema Lex


Part 5
Imperial Ambitions
12An Arbitrary, Absolute, and Unlimited Power

13Sovereignty of the Law

Conclusion


Works Cited

Index