Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. Although this is a theme that has been a perennial one since America's founding, it is also one of particular importance today, and this book explains how history makes this apparent. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all, and whose purpose is to protect those natural rights in addition to the general welfare. The rule of law was essential to achieving both of these ends and to reconciling them where necessary. But just how free is America today? It was certainly within the contemplation of the Founders that the federal judiciary would have a significant role in interpreting the Constitution, federal laws, and treaties, but it would be difficult to argue that those who framed and ratified the Constitution contemplated a role for the courts, particularly for the United States Supreme Court, of the magnitude they have today. The writers take the reader far back into history to the very roots of American Law by examining the English common law roots that provided the foundation for the rule of law in America. This book explores these phenomena and other recent developments in American freedom through history.

Joyce Malcolm illuminates the historical facts underlying the current passionate debate about gun-related violence, the Brady Bill, and the NRA, revealing the original meaning and intentions behind the individual right to "bear arms." Few on either side of the Atlantic realize that this extraordinary, controversial, and least understood liberty was a direct legacy of English law. This book explains how the Englishmen's hazardous duty evolved into a right, and how it was transferred to America and transformed into the Second Amendment. Malcolm's story begins in turbulent seventeenth-century England. She shows why English subjects, led by the governing classes, decided that such a dangerous public freedom as bearing arms was necessary. Entangled in the narrative are shifting notions of the connections between individual ownership of weapons and limited government, private weapons and social status, the citizen army and the professional army, and obedience and resistance, as well as ideas about civilian control of the sword and self-defense. The results add to our knowledge of English life, politics, and constitutional development, and present a historical analysis of a controversial Anglo-American legacy, a legacy that resonates loudly in America today.

Behind the passionate debate over gun control and armed crime lurk assumptions about the link between guns and violence. Indeed, the belief that more guns in private hands means higher rates of armed crime underlies most modern gun control legislation. But are these assumptions valid?

Investigating the complex and controversial issue of the real relationship between guns and violence, Joyce Lee Malcolm presents an incisive, thoroughly researched historical study of England, whose strict gun laws and low rates of violent crime are often cited as proof that gun control works. To place the private ownership of guns in context, Malcolm offers a wide-ranging examination of English society from the Middle Ages to the late twentieth century, analyzing changing attitudes toward crime and punishment, the impact of war, economic shifts, and contrasting legal codes on violence. She looks at the level of armed crime in England before its modern restrictive gun legislation, the limitations that gun laws have imposed, and whether those measures have succeeded in reducing the rate of armed crime.

Malcolm also offers a revealing comparison of the experience in England experience with that in the modern United States. Today Americans own some 200 million guns and have seen eight consecutive years of declining violence, while the English--prohibited from carrying weapons and limited in their right to self-defense have suffered a dramatic increase in rates of violent crime.

This timely and thought-provoking book takes a crucial step in illuminating the actual relationship between guns and violence in modern society.

The writings presented in this volume, part of a two-volume set, are the political tracts of the English speaking peoples in the 17th century which established principles of governance and liberty that could be seen to have not only benefited themselves but also the founders of the American Republic. Included in the text is work by Coke, Sydney and Shaftesbury. This first volume consists of pamphlets written from the reign of James I to the Restoration (1620-1660). (Volume Two encompasses writings from the Restoration through the revolution of 1688-1689).