Habeas Corpus

From England to Empire
Author: Paul Delaney Halliday
Publisher: Harvard University Press
ISBN: 9780674049017
Category: History
Page: 502
View: 7085
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A revisionist history of habeas corpus the world's most revered legal device. Habeas corpus was not established to protect the rights of the individual but rather to protect the individual from abusive judges and jailers.

The Power of Habeas Corpus in America

From the King's Prerogative to the War on Terror
Author: Anthony Gregory
Publisher: Cambridge University Press
ISBN: 1107067952
Category: Law
Page: N.A
View: 2454
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Despite its mystique as the greatest Anglo-American legal protection, habeas corpus' history features power plays, political hypocrisy, ad hoc jurisprudence, and failures in securing individual liberty. This book tells the story of the writ from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas' historical controversies - addressing its origins, the relationship between king and parliament, the US Constitution's Suspension Clause, the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and wartime detainees from the Civil War and World War II to the War on Terror. It stresses the importance of liberty and detention policy in making the writ more than a tool of power. The book presents a more nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power.

Britain's Oceanic Empire

Atlantic and Indian Ocean Worlds, c.1550–1850
Author: H. V. Bowen,Elizabeth Mancke,John G. Reid
Publisher: Cambridge University Press
ISBN: 1139510819
Category: History
Page: N.A
View: 3629
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This pioneering comparative study of British imperialism in the Atlantic and Indian Ocean worlds draws on the perspectives of British newcomers overseas and their native hosts, metropolitan officials and corporate enterprises, migrants and settlers. Leading scholars examine the divergences and commonalities in the legal and economic regimes that allowed Britain to project imperium across the globe. They explore the nature of sovereignty and law, governance and regulation, diplomacy, military relations and commerce, shedding new light on the processes of expansion that influenced the making of empire. While acknowledging the distinctions and divergences in imperial endeavours in Asia and the Americas - not least in terms of the size of indigenous populations, technical and cultural differences, and approaches to indigenous polities - this book argues that these differences must be seen in the context of what Britons overseas shared, including constitutional principles, claims of sovereignty, disciplinary regimes and military attitudes.

The Law of Habeas Corpus


Author: Judith Farbey,R.J. Sharpe,Simon Atrill
Publisher: Oxford University Press
ISBN: 0199248249
Category: Law
Page: 255
View: 1848
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Habeas corpus is everyone's 'get out of jail free' card. It is the legal remedy ensuring a person's release from prison or any other form of custody when the detention cannot be justified in law. This volume provides in-depth and critical analysis of the law behind this vital protection of liberty.

Lives of the Law

Selected Essays and Speeches: 2000-2010
Author: Tom Bingham
Publisher: OUP Oxford
ISBN: 0191029599
Category: Law
Page: 402
View: 443
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Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Law collects Bingham's most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing. Following on from The Business of Judging (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham's distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally. Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding modern constitutional and legal debates for the general reader.

Essays in the History of Canadian Law

Quebec and the Canadas
Author: George Blaine Baker,Donald Fyson
Publisher: University of Toronto Press
ISBN: 1442670061
Category: History
Page: 608
View: 6110
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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Über bürgerliche Freiheit und Selbstverwaltung


Author: Francis Lieber
Publisher: N.A
ISBN: N.A
Category: Democracy
Page: 477
View: 9015
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Legalism

Community and Justice
Author: Fernanda Pirie,Judith Scheele
Publisher: OUP Oxford
ISBN: 0191025933
Category: Law
Page: 260
View: 1908
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'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts. The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.

Habeas Corpus in International Law


Author: Brian R. Farrell
Publisher: Cambridge University Press
ISBN: 1316824667
Category: Political Science
Page: 257
View: 8517
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Habeas Corpus in International Law is the first comprehensive examination of this subject. It looks at the location, scope, and significance of the right to a judicial determination of the legality of one's detention as guaranteed by international and regional human rights instruments. First, it examines the history of habeas corpus and its place in human rights treaties, providing a useful resource for understanding the status and application of this internationally-protected right. The book continues by identifying and analyzing the primary challenges to habeas corpus, in particular its applicability during armed conflict, the possibility of derogation, and its extraterritorial application and procedural shortcomings. The book next addresses the significance of habeas corpus guarantees not just in protecting personal liberty, but in promoting the international rule of law by serving as a unique check on executive action. Finally, it offers suggestions on how this right might be strengthened.

The Origins of Modern Freedom in the West


Author: Richard W. Davis
Publisher: Stanford University Press
ISBN: 9780804724746
Category: Political Science
Page: 384
View: 1266
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The volume begins with a study by Douglass C. North that emphasizes the economic and social factors that encouraged the development of freedom in the West and inhibited its development in other societies, notably China. The Greeks first devised civil and political liberty, and also were the first to have a word, eleutheria, for the concept. Martin Ostwald traces the history of the word over the course of Greek history, seeking when and why it assumed a meaning similar to freedom. Brian Tierney demonstrates how the medieval Church, by perpetuating Roman traditions of popular election and inspiring representative government, was vital to the development of modern freedom. The earliest secular institutions to follow the example of the Church in shaping their own governments were the towns of Italy, and John Hine Mundy shows how the towns served as the initial training grounds for laymen in the practice of free government. Monarchs whose coffers were depleted by continuous warfare sought to tap the resources of the wealthy towns and better-off rural residents, but these long-independent groups were not easily bullied and gathered their representatives together to negotiate taxation and grievances. In two chapters, H. G. Koenigsberger traces this background of parliaments and estates from all over Europe from the thirteenth century through the early modern era. In seventeenth-century England, parliamentary legislation would become the major vehicle for protecting the liberties of the subject. Before that, however, the common law courts were the main arena for advancing freedom, as J. H. Baker shows in his examination of the key developments in the common law. Traditionally, the Renaissance and the Reformation have been looked upon as largely separate phenomena. William J. Bouwsma asserts that in fact they were closely linked, with profound consequences for the shaping of modern freedom. Donald R. Kelley discusses the various forms and justifications of resistance that arose against the powerful monarchies that had emerged from the chaos and confusion of the fourteenth and early fifteenth centuries.

No Part of the Mother Country, but Distinct Dominions


Author: Dominik Nagl
Publisher: LIT Verlag Münster
ISBN: 3643118171
Category: Great Britain
Page: 789
View: 9385
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The English and their History

The First Thirteen Centuries
Author: Robert Tombs
Publisher: Penguin UK
ISBN: 0141976799
Category: History
Page: 1024
View: 1172
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In The English and their History, the first full-length account to appear in one volume for many decades, Robert Tombs gives us the history of the English people, and of how the stories they have told about themselves have shaped them, from the prehistoric 'dreamtime' through to the present day If a nation is a group of people with a sense of kinship, a political identity and representative institutions, then the English have a claim to be the oldest nation in the world. They first came into existence as an idea, before they had a common ruler and before the country they lived in even had a name. They have lasted as a recognizable entity ever since, and their defining national institutions can be traced back to the earliest years of their history. The English have come a long way from those precarious days of invasion and conquest, with many spectacular changes of fortune. Their political, economic and cultural contacts have left traces for good and ill across the world. This book describes their history and its meanings from their beginnings in the monasteries of Northumbria and the wetlands of Wessex to the cosmopolitan energy of today's England. Robert Tombs draws out important threads running through the story, including participatory government, language, law, religion, the land and the sea, and ever-changing relations with other peoples. Not the least of these connections are the ways the English have understood their own history, have argued about it, forgotten it, and yet been shaped by it. These diverse and sometimes conflicting understandings are an inherent part of their identity. Rather to their surprise, as ties within the United Kingdom loosen, the English are suddenly beginning a new period in their long history. Especially at times of change, history can help us to think about the sort of people we are and wish to be. This book, the first single-volume work on this scale for more than half a century, and which incorporates a wealth of recent scholarship, presents a challenging modern account of this immense and continuing story, bringing out the strength and resilience of English government, the deep patterns of division, and yet also the persistent capacity to come together in the face of danger. ROBERT TOMBS is Professor of French History at Cambridge University and a Fellow of St John's College. His book That Sweet Enemy: the French and the British from the Sun King to the Present, co-written with his wife Isabelle, was published in 2006.

Die vielköpfige Hydra

die verborgene Geschichte des revolutionären Atlantiks
Author: Peter Linebaugh,Marcus Rediker
Publisher: N.A
ISBN: 9783935936651
Category:
Page: 427
View: 6539
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Das Corpus iuris civilis


Author: N.A
Publisher: N.A
ISBN: N.A
Category:
Page: 595
View: 5373
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History of the British Empire


Author: William Francis Collier
Publisher: N.A
ISBN: N.A
Category: Great Britain
Page: 344
View: 5678
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Die europäische Expansion und das Völkerrecht.

Die Auseinandersetzungen um den Status der überseeischen Gebiete vom 15. Jahrhundert bis zur Gegenwart.
Author: Jörg Fisch
Publisher: Franz Steiner Verlag Wiesbaden GmbH
ISBN: N.A
Category: Colonies (International law).
Page: 569
View: 925
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Warum ich nicht länger mit Weißen über Hautfarbe spreche


Author: Reni Eddo-Lodge
Publisher: Klett-Cotta
ISBN: 360811534X
Category: Social Science
Page: 272
View: 9952
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Viel zu lange wurde Rassismus als reines Problem rechter Extremisten definiert. Doch die subtileren, nicht weniger gefährlichen Vorurteile finden sich dort, wo man am wenigsten mit ihnen rechnen würde – im Herzen der achtbaren Gesellschaft. Was bedeutet es, in einer Welt, in der Weißsein als die selbstverständliche Norm gilt, nicht weiß zu sein? Reni Eddo-Lodge spürt den historischen Wurzeln der Vorurteile nach, und zeigt unmissverständlich, dass die Ungleichbehandlung Weißer und Nicht-Weißer unseren Systemen seit Generationen eingeschrieben ist. Ob in Politik oder Popkultur – nicht nur in der europaweiten Angst vor Immigration, sondern auch in aufwogenden Protestwellen gegen eine schwarze Hermine oder einen dunkelhäutigen Stormtrooper wird klar: Diskriminierende Tendenzen werden nicht nur von offenen Rassisten, sondern auch von vermeintlich toleranten Menschen praktiziert. Um die Ungerechtigkeiten des strukturellen Rassismus herauszustellen und zu bekämpfen, müssen darum People of Color und Weiße gleichermaßen aktiv werden – »Es gibt keine Gerechtigkeit, es gibt nur uns.«

Visionen des Politischen


Author: Quentin Skinner
Publisher: N.A
ISBN: 9783518295106
Category: Political science
Page: 309
View: 5039
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Nachtmarsch.

Eine wahre Geschichte von Liebe und Vergeltung.
Author: Rich Cohen
Publisher: N.A
ISBN: 9783596152407
Category:
Page: 350
View: 9626
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Die unbarmherzige Revolution

eine Geschichte des Kapitalismus
Author: Joyce Oldham Appleby
Publisher: N.A
ISBN: 9783867741354
Category:
Page: 686
View: 2702
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In ihrer großen Geschichte des Kapitalismus erzählt Joyce Appleby die Geschichte unseres Wirtschaftssystems: von den großen Entdeckungen der Portugiesen, vom Sklavenhandel über die industrielle Revolution bis zur Globalisierung der Gegenwart, und beschreibt schließlich unsere ökonomische und auch kulturelle Identität, die so sehr vom Kapitalismus geprägt ist. Messerscharf seziert sie die guten und die schlechten Seiten des Kapitalismus und beschreibt, was der Kapitalismus mit den Menschen macht. Eine mitreißende Lektüre für alle, die von der "unbarmherzigen Revolution" profitieren oder an ihr verzweifeln.