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Sir Edward Coke and the Reformation of the Laws
David Chan Smith
出版Cambridge University Press, 2014-11-06
主題History / Europe / Great Britain / GeneralHistory / Europe / Great Britain / Tudor & Elizabethan Era (1485-1603)History / Europe / Great Britain / Stuart Era (1603-1714)History / Social HistoryLaw / GeneralLaw / ConstitutionalLaw / JurisprudenceLaw / Legal HistoryPolitical Science / History & Theory
ISBN11070692979781107069299
URLhttp://books.google.com.hk/books?id=pzfJBAAAQBAJ&hl=&source=gbs_api
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註釋"'Certainty is the mother of quietness and repose', Sir Edward Coke wrote in the first volume of his Institutes . Over a century later, Lord Mansfield made a similar observation, explaining that 'the great object in every branch of the law ... is certainty'. 1 Sharing this preoccupation, the two chief justices worked to reform English law during periods of discontinuity. But the imperatives for reform under Coke were different from those that drove Mansfi eld: they did not emerge from the decrepitude of the law or its need to adapt to new conditions. Instead, Coke worked within a dynamic and chaotic system. The sixteenth-century fluorescence of English law had driven its transformation and the confessional differences of the Reformation brought new challenges to the practice of the law. 2 This book evaluates the influence of these contexts of legal and religious change on Coke's understanding of the law from 1578 to 1616. His ambition to reform the law explains why Coke simultaneously confronted abuses in royal administration even as he believed he was acting to defend the authority of the monarchy. This book examines this paradox, and in doing so, suggests how otherwise royalist Englishmen reached conclusions that slowly led them into opposition"--