By Colour Of Law: Legal Culture And Constitutional Politics In England, 1660-89

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Brand: University of Chicago Press
SKU: DADAX0226572757
ISBN : 0226572757

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From inside flap: "This important contribution to the study of English history sets forth an original and persuasive argument. Though an analysis of the use of private-law concepts in several major constitutional crises, Nenner has rewritten the political history of the period in an exciting way. His discussion of the events of 1688-89 is both graceful and brilliant. 5By Colour of Law5 is an excellent monograph in the domain of constitutional and legal history and rich source of ideas for all students of the late seventeenth century." - Thomas A Green, University of Michigan Law School In this fresh, tightly knit analysis, Howard Nenner argues persuasively that England's political struggles of the seventeenth century were not a clear-cut contest between parliaments, upholding the rule of the law, and kings who set themselves above it. Rather, he shows that both king and Parliament sought to control the law and use it as an instrument of power. Anxious to avoid yet another civil war, both sides worked hard to give every political act the "colour of law" - the appearance, at least, of legality. Nenner points out that nearly every important constitutional crisis was formulated in common-law paradigms, increasingly so as the century progressed. In a well-researched systematic discussion, the author details the process by which practical political debate drew workable analogues and metaphors from the laws of contract, trust, property, and inheritance. When justification in law was impossible, justification "by colour of law" assumed the necessary burden of making proposed constitutional change appear regular. Nenner's incisive explication of the use of legal concepts in royal and parliamentary politics provides an important new interpretation of the period between 1660 an 1689. His work clearly demonstrates how the English legal disposition of mind effectively translated revolution into constitutional regularity.
Author : Howard Nenner
ISBN : 0226572757
Language : English
No of Pages : 288
Edition : First Edition
Publication Date : 9/1/1977
Format/Binding : Hardcover
Book dimensions : 8.5x6.3x1.2
Book weight : 0.01

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