Law, Liberty, and Parliament: Selected Essays on the Writings of Sir Edward Coke

Law, Liberty, and Parliament: Selected Essays on the Writings of Sir Edward Coke

Law, Liberty, and Parliament: Selected Essays on the Writings of Sir Edward Coke

Law, Liberty, and Parliament: Selected Essays on the Writings of Sir Edward Coke

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Overview

Sir Edward Coke remains one of the most important figures in the history of the common law. The essays collected in this volume provide a broad context for understanding and appreciating the scope of Coke’s achievement: his theory of law, his work as a lawyer and a judge, his role in pioneering judicial review, his leadership of the Commons, and his place in the broader culture of Elizabethan and Jacobean England.

Sir Edward Coke claimed for judges the power to strike down statutes, created the modern common law by reshaping medieval precedents, and, in the House of Commons, led the gathering forces that would ultimately establish a constitutional regime of ordered liberty and responsible, representative government.

Although much has been written on Coke, there has been no single adequate study or collection of these writings until now. Law, Liberty, and Parliament brings together material that not only is useful for understanding Coke’s career and achievement but also illuminates the late Elizabethan and early Stuart periods in which the common law became inextricably identified with constitutional authority.

Allen D. Boyer, author of Sir Edward Coke and the Elizabethan Age, is a lawyer in New York City and a frequent contributor to the New York Times Book Review. Dr. Boyer serves on the advisory board of the Yale Center for Parliamentary History.


Product Details

ISBN-13: 9780865974258
Publisher: Liberty Fund, Incorporated
Publication date: 02/05/2004
Pages: 421
Product dimensions: 6.13(w) x 9.25(h) x (d)
Age Range: 18 Years

Table of Contents

Introductionvii
Editor's Notexv
Introduction to Coke's "Commentary on Littleton"1
Writing the Law26
The Place of Slade's Case in the History of Contract70
Sir Edward Coke and the Interpretation of Lawful Allegiance in Seventeenth-Century England86
Sir Edward Coke (1552-1634): His Theory of "Artificial Reason" as a Context for Modern Basic Legal Theory107
Further Reflections on "Artificial Reason"121
Against Common Right and Reason: The College of Physicians v. Dr. Thomas Bonham127
Bonham's Case and Judicial Review150
The "Economic Liberalism" of Sir Edward Coke186
Sir Edward Coke, Ciceronianus: Classical Rhetoric and the Common Law Tradition224
The Common Lawyers and the Chancery: 1616254
The Crown and the Courts in England, 1603-1625282
The Procedure of the House of Commons Against Patents and Monopolies, 1621-1624302
The Origins of the Petition of Right Reconsidered328
Coke's Note-Books and the Sources of His Reports357
Index387
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