The Glorious Revolution and the Continuity of Law explores the
relationship between law and revolution. Revolt-armed or not-is
often viewed as the overthrow of legitimate rulers. Historical
experience, however, shows that revolutions are frequently
accompanied by the invocation rather than the repudiation of law.
No example is clearer than that of the Glorious Revolution of
1688-89. At that time the unpopular but lawful Catholic king, James
II, lost his throne and was replaced by his Protestant son-in-law
and daughter, William of Orange and Mary, with James's attempt to
recapture the throne thwarted at the Battle of the Boyne in
Ireland. The revolutionaries had to negotiate two contradictory but
intensely held convictions. The first was that the essential role
of law in defining and regulating the activity of the state must be
maintained. The second was that constitutional arrangements to
limit the unilateral authority of the monarch and preserve an
indispensable role for the houses of parliament in public
decision-making had to be established. In the circumstances of
1688-89, the revolutionaries could not be faithful to the second
without betraying the first. Their attempts to reconcile these
conflicting objectives involved the frequent employment of legal
rhetoric to justify their actions. In so doing, they necessarily
used the word "law" in different ways. It could denote the specific
rules of positive law; it could simply express devotion to the
large political and social values that underlay the legal system;
or it could do something in between. In 1688-89 it meant all those
things to different participants at different times. This study
adds a new dimension to the literature of the Glorious Revolution
by describing, analyzing and elaborating this central paradox: the
revolutionaries tried to break the rules of the constitution and,
at the same time, be true to them.
General
| Imprint: |
The Catholic University of America Press
|
| Country of origin: |
United States |
| Release date: |
June 2023 |
| Authors: |
Richard S. Kay
|
| Dimensions: |
216 x 140mm (L x W) |
| Pages: |
376 |
| ISBN-13: |
978-0-8132-3712-1 |
| Categories: |
Books
|
| LSN: |
0-8132-3712-2 |
| Barcode: |
9780813237121 |
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