The Prince and the Law, 1200-1600
Sovereignty and Rights in the Western Legal Tradition
By (author) Professor Kenneth Pennington
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Prince and the Law, 1200-1600 by Professor Kenneth Pennington
Book DescriptionThe power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.
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Book DetailsISBN: 9780520079953
(229mm x 152mm x 31mm)
Imprint: University of California Press
Publisher: University of California Press
Publish Date: 3-Jun-1993
Country of Publication: United States
Books By Author Professor Kenneth Pennington
Law as Profession and Practice in Medieval Europe, Hardback (October 2011)» View all books by Professor Kenneth Pennington
Brings together papers by a group of scholars in honour of James Brundage. This title explores the connection between the development of medieval legal and constitutional thought. It explores various aspects of the jurisprudence of the lus commune. It examines how that jurisprudence was applied to various medieval institutions.
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Author Biography - Professor Kenneth Pennington
Kenneth Pennington is Professor of History and Law at Syracuse University. Among his previous books is Popes and Bishops: The Papal Monarchy in the Twelfth and Thirteenth Centuries (1984).
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