The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition

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Kenneth Pennington

The Prince and the Law, 1200-1600

Sovereignty and Rights in the Western Legal Tradition

Kenneth Pennington

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English

University of California Press
03 June 1993

Constitution: government & the state; International institutions; Jurisprudence & general issues

"The 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."

By: Kenneth Pennington
Imprint: University of California Press
Country of Publication: United States
Dimensions: Height: 229mm, Width: 152mm, Spine: 30mm
Weight: 680g
ISBN: 9780520079953
ISBN 10: 0520079957
Pages: 352
Publication Date: 03 June 1993
Audience: College/higher education , Professional and scholarly , Professional & Vocational , A / AS level , Further / Higher Education
Format: Hardback
Publisher's Status: Active

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).