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Historiography, Empire and the Rule of Law - Imagined Constitutions, Remembered Legalities (Paperback)
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Historiography, Empire and the Rule of Law - Imagined Constitutions, Remembered Legalities (Paperback)
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Historiography, Empire and the Rule of Law considers the
intersection of these terms in the historical development of what
has come to be known as the 'rule of law'. The separation of
governmental powers, checks and balances, and judicial independence
signified something entirely new in the way in which politics was
imagined and practiced. This 'rule of law' cannot, as it often is,
be traced to the justification and practice of government as
originating in a social contract among the governed; but rather, by
analogy with a popular conveyancing innovation of the era, to the
trust - a device by which the power of ownership of land could be
restrained. But how could the restraint of power remain consistent
with the avoidance of anarchic disagreement among those granted the
task of supervision and restraint? In response, it is argued here,
the central legal and political task became one of managing
disagreement and change peacefully and constructively - by drawing
on a colonial tradition that emphasised civility, negotiation and
compromise. And the study of all of these qualities as they
evolved, Ian Duncanson contends, is vital to understanding the
emergence of the 'rule of law'. Historiography, Empire and the Rule
of Law will be invaluable for all those engaged in research and the
postgraduate study of socio-legal and constitutional studies, and
early modern and modern history.
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