Challenges to Authority and the Recognition of Rights: From Magna Carta to Modernity

doi:10.1017/9781108554336

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.

‘… the book makes a number of insightful and novel contributions to scholarship both on Magna Carta itself and its legacy … of interest and relevance to contemporary lawyers both public and private. The book should also be additionally praised for not being jurisdictionally limited to England …’

Robert Brett Taylor Source: Comparative Legal History

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Contents

Challenges to Authority and the Recognition of Rights
pp i-ii
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Challenges to Authority and the Recognition of Rights - Title page
pp iii-iii
From Magna Carta to Modernity
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Copyright page
pp iv-iv
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Dedication
pp v-v
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Contents
pp vi-viii
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Contributors
pp ix-x
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Introduction
pp 1-16
- By Catharine MacMillan
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Part I - Magna Carta, Challenges to Authority and the Recognition of Rights in England
pp 17-116
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1 - Magna Carta
pp 19-36
The Emergence of the Myth
- By John Baker
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2 - From Magna Carta to the Abridgements
pp 37-54
The Naturalization of Benefit of Clergy
- By Margaret McGlynn
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3 - How to Get Rid of a King
pp 55-69
Lawyering the Revolution of 1399
- By David J. Seipp
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4 - Illuminating Magna Carta
pp 70-96
Images of Law and Authority in Medieval Statute Books
- By Anthony Musson
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5 - Revolution Principles and the Revolution Bench
pp 97-116
- By Mike Macnair
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Part II - Broader Challenges to Authority and the Recognition of Rights in England
pp 117-202
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6 - Magna Carta Chapters 4 and 5 and the Origins of Accountability
pp 119-141
- By Joshua Getzler
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7 - Some Effects of War on the Law in Late Eighteenth- and Early Nineteenth-Century England
pp 142-175
- By James Oldham
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8 - The Impact of Tax on the Landscape
pp 176-202
Social Expectations and the Built Environment in Nineteenth-Century England
- By Chantal Stebbings
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Part III - Magna Carta, Challenges to Authority and the Recognition (and Rejection) of Rights beyond England
pp 203-343
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9 - Magna Carta in the German Discourse about English Constitutional Law between the Eighteenth and Early Twentieth Centuries
pp 205-222
- By Andreas Thier
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10 - Magna Carta for the World?
pp 223-249
The Constitutional Protection of Foreign Merchants in the Age of Revolution
- By Daniel Hulsebosch
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11 - ‘The Protection of Our Laws’
pp 250-268
The Slave, Grace and the Rise of Proslavery Constitutionalism in the Nineteenth-Century Atlantic World
- By Patricia Hagler Minter
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12 - The Royal Proclamation of 1763 in British Columbia
pp 269-295
An Indigenous Magna Carta’s Chequered Canadian Career
- By Hamar Foster
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13 - Rights and Power in Nineteenth-Century India
pp 296-320
Exploring an Unstable Relationship
- By Raymond Cocks
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14 - When ‘Magna Carta Was Suspended’
pp 321-343
National Security and the Challenge to Freedom of Speech in Australia, 1914–1919
- By Diane Kirkby
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Index
pp 344-352
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Challenges to Authority and the Recognition of Rights

From Magna Carta to Modernity

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Contents

Challenges to Authority and the Recognition of Rights
pp i-ii

Challenges to Authority and the Recognition of Rights - Title page
pp iii-iii

Copyright page
pp iv-iv

Dedication
pp v-v

Contents
pp vi-viii

Contributors
pp ix-x

Introduction
pp 1-16

Part I - Magna Carta, Challenges to Authority and the Recognition of Rights in England
pp 17-116

1 - Magna Carta
pp 19-36

2 - From Magna Carta to the Abridgements
pp 37-54

3 - How to Get Rid of a King
pp 55-69

4 - Illuminating Magna Carta
pp 70-96

5 - Revolution Principles and the Revolution Bench
pp 97-116

Part II - Broader Challenges to Authority and the Recognition of Rights in England
pp 117-202

6 - Magna Carta Chapters 4 and 5 and the Origins of Accountability
pp 119-141

7 - Some Effects of War on the Law in Late Eighteenth- and Early Nineteenth-Century England
pp 142-175

8 - The Impact of Tax on the Landscape
pp 176-202

Part III - Magna Carta, Challenges to Authority and the Recognition (and Rejection) of Rights beyond England
pp 203-343

9 - Magna Carta in the German Discourse about English Constitutional Law between the Eighteenth and Early Twentieth Centuries
pp 205-222

10 - Magna Carta for the World?
pp 223-249

11 - ‘The Protection of Our Laws’
pp 250-268

12 - The Royal Proclamation of 1763 in British Columbia
pp 269-295

13 - Rights and Power in Nineteenth-Century India
pp 296-320

14 - When ‘Magna Carta Was Suspended’
pp 321-343

Index
pp 344-352

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Challenges to Authority and the Recognition of Rights

From Magna Carta to Modernity

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