Challenges to authority and the recognition of rights: from Magna Carta to modernity

While challenges to authority are generally perceived as destructive to legal order, this original collection of essays, with Magna Carta at its heart, questions this assumption. In a series of chapters concerned with different forms of challenges to legal authority - over time, geographical place,...

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Weitere Verfasser: MacMillan, Catharine ca. 20./21. Jh (HerausgeberIn), Smith, Charlotte ca. 20./21. Jh (HerausgeberIn)
Format: Tagungsbericht Buch
Sprache:English
Veröffentlicht: Cambridge, United Kingdom Cambridge University Press 2018
Ausgabe:First published
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Zusammenfassung:While challenges to authority are generally perceived as destructive to legal order, this original collection of essays, with Magna Carta at its heart, questions this assumption. In a series of chapters concerned with different forms of challenges to legal authority - over time, geographical place, and subject matters both public and private - this volume demonstrates that challenges to authority which seek the recognition of rights actually change the existing legal order rather than destroying it. The chapters further explore how the myth of Magna Carta emerged and its role in the pre-modern world; how challenges to authority formed the basis of the recognition of rights in particular areas within England; and how challenges to authority resulted in the recognition of particular rights in the United States, Canada, Australia and Germany. This is a uniquely insightful thematic collection which proposes a new view into the processes of legal change
"This volume contains a collection of papers presented at the twenty-second British Legal History Conference held at the University of Reading. The conference coincided with the 800th anniversary of Magna Carta; the conference was thus concerned not only with Magna Carta itself but also with its enduring legacy. The theme around which this legacy is explored is that of challenges to authority and how these challenges result in the recognition of rights. Magna Carta now occupies a quasi-mythical status - particularly within common law jurisdictions - as an instrument which gave people liberty. Lord Denning described it as 'the greatest constitutional document of all times... the spirit of individual liberty which has influenced our people ever since'. Such a description omits the struggle which gave rise to these rights"... / Catherine MacMillan
Beschreibung:Includes bibliographical references
Beschreibung:ix, 351 Seiten
ISBN:9781108429238

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