東華大學圖書館 |

語系: 繁體中文

說明(常見問題)

回圖書館首頁

手機版館藏查詢

登入

回首頁

切換: 標籤 | MARC模式 | ISBD

Violence and the law: The making of ...

Harvard University.

FindBook

Google Book

Amazon

博客來

Violence and the law: The making of Sir Edward Coke's jurisprudence, 1578--1616.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Violence and the law: The making of Sir Edward Coke's jurisprudence, 1578--1616./
作者:	Smith, David Adam.
面頁冊數:	813 p.
附註:	Adviser: Mark Kishlansky.
Contained By:	Dissertation Abstracts International68-05A.
標題:	History, European. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoeng/servlet/advanced?query=3265096
ISBN:	9780549036562

Violence and the law: The making of Sir Edward Coke's jurisprudence, 1578--1616.
Smith, David Adam.

Violence and the law: The making of Sir Edward Coke's jurisprudence, 1578--1616. - 813 p.

Adviser: Mark Kishlansky.

Thesis (Ph.D.)--Harvard University, 2007.

This dissertation is an exploration of the jurisprudence and intellectual development of Sir Edward Coke from 1578-1616. Despite his reputation as a leading common law thinker and proponent of parliamentary and individual liberty, the existing historiography of his life and intellectual development during this period is incomplete and unsatisfactory.

ISBN: 9780549036562Subjects--Topical Terms:

1018076
History, European.

Violence and the law: The making of Sir Edward Coke's jurisprudence, 1578--1616.
LDR:03119nmm 2200313 a 45 001 865373
005 20100728
008 100728s2007 ||||||||||||||||| ||eng d
020 $a 9780549036562
035 $a (UMI)AAI3265096
035 $a AAI3265096
040 $a UMI $c UMI
100 1 $a Smith, David Adam. $3 1033800
245 1 0 $a Violence and the law: The making of Sir Edward Coke's jurisprudence, 1578--1616.
300 $a 813 p.
500 $a Adviser: Mark Kishlansky.
500 $a Source: Dissertation Abstracts International, Volume: 68-05, Section: A, page: 2129.
502 $a Thesis (Ph.D.)--Harvard University, 2007.
520 $a This dissertation is an exploration of the jurisprudence and intellectual development of Sir Edward Coke from 1578-1616. Despite his reputation as a leading common law thinker and proponent of parliamentary and individual liberty, the existing historiography of his life and intellectual development during this period is incomplete and unsatisfactory.
520 $a The central argument of this dissertation is that Coke developed his jurisprudence, with its insistence upon the common law's protection of individual rights, in response to the deep uncertainty and susceptibility to misuse of the English legal system of the period. Coke perceived that the danger to individual liberties grew from individuals who sought to manipulate the law as a violent instrument to exploit or oppress others or even violently attempted to destroy the law.
520 $a Coke's career before 1616 should therefore be placed within the context of legal change and instability from which his efforts to establish legal protections emerged. This dissertation explores the context that produced this uncertainty, with close attention to the radical changes in the common law during the sixteenth century and the structure of the Tudor-Stuart state that depended on delegating many of its functions to otherwise private individuals. There were other sources that acutely influenced Coke, such as the effect on Coke's jurisprudence of Protestant historiography, the debate over the certainty of the common law within and outside the profession, and continental developments in customary law.
520 $a The project makes three major contributions. It remedies a gap in the study of Coke by exploring early influences on his jurisprudence and how his jurisprudence was formed within the context of legal uncertainty. Second, the project expands the analysis of political conflict in my field by arguing that "constitutional" instability can arise from "below" in popular legal behavior as well as from "above" at the level of political theory. Finally the project attempts to problematize the idea of the "law" that is often used transparently by historians in my field, emphasizing its violent aspect as individuals exploited it against each other.
590 $a School code: 0084.
650 4 $a History, European. $3 1018076
650 4 $a Law. $3 600858
690 $a 0335
690 $a 0398
710 2 $a Harvard University. $3 528741
773 0 $t Dissertation Abstracts International $g 68-05A.
790 $a 0084
790 1 0 $a Kishlansky, Mark, $e advisor
791 $a Ph.D.
792 $a 2007
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoeng/servlet/advanced?query=3265096