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Common Law and Enlightenment in England, 1689-1750 (Hardcover, New)
Loot Price: R2,834
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Common Law and Enlightenment in England, 1689-1750 (Hardcover, New)
Series: Studies in Early Modern Cultural, Political and Social History
Expected to ship within 12 - 17 working days
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A study of how English legal culture, with its strong emphasis on
common law, engaged with the new ideas of the Enlightenment. This
book explores how English legal culture, deeply imbued with the
ideas and practices of common law, engaged with the new
intellectual, institutional and cultural changes of the
Enlightenment. It argues that common law survivedas an important
part of English legal culture because it was able to meet the
various challenges posed by Enlightenment rationalism and civic and
commercial discourse. Drawing on works of jurisprudence, legal
histories, manuals of law and notebooks of legal practice, and
looking in detail at four pivotal, widely-discussed cases, the book
illuminates the ways in which common law custom and tradition
continued to be valued foundations for the authority of law, even
during a period of political change, commercial growth and
philosophical rationalism. Exploring the challenges to and
adaptations within common law thinking in England in the late
seventeenth and early eighteenth centuries, the book reveals that
the common law played a much wider role beyond the legal world in
shaping Enlightenment concepts. JULIA RUDOLPH is Associate
Professor of History at North Carolina State University. She is the
author of Revolution by Degrees: James Tyrrell and Whig Political
Thought in the Late Seventeenth Century (Palgrave Macmillan, 2002),
and of various articles on gender, crime, and the history of the
book in early modern England. She has also edited a collection of
theoretical and interdisciplinary essays entitled History and
Nation (Bucknell University Press, 2006).
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