The Reinvention of Magna Carta 1216-1616 Contributor(s): Baker, John (Author) |
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ISBN: 1107187052 ISBN-13: 9781107187054 Publisher: Cambridge University Press OUR PRICE: $178.60 Product Type: Hardcover Published: January 2017 |
Additional Information |
BISAC Categories: - Law | Legal History - Law | Constitutional |
Dewey: 342.420 |
LCCN: 2016034384 |
Series: Cambridge Studies in English Legal History |
Physical Information: 1.31" H x 6" W x 9" (2.19 lbs) 622 pages |
Descriptions, Reviews, Etc. |
Publisher Description: This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the 'Puritan' barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606-16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke's dismissal for defending too vigorously the liberty of the subject under the common law. |
Contributor Bio(s): Baker, John: - Sir John Baker taught at the University of Cambridge from 1971 to 2011, latterly as Downing Professor of the Laws of England. He also served for thirty years as Literary Director of the Selden Society and was knighted for services to legal history in 2003. He is the author of Collected Papers on English Legal History (Cambridge, 2013) and Introduction to English Legal History (4th edition, 2002).Baker, John: - Sir John Baker taught at the University of Cambridge from 1971 to 2011, latterly as Downing Professor of the Laws of England. He also served for thirty years as Literary Director of the Selden Society and was knighted for services to legal history in 2003. He is the author of Collected Papers on English Legal History (Cambridge, 2013) and Introduction to English Legal History (4th edition, 2002). |