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This book challenges the recently established consensus that the
trial was a carefully prepared and executed judicial process in
which the judges were amenable to reasonable arguments. Thomas
More's treason trial in 1535 is one of history's most famous court
cases, yet never before have all the major documents been
collected, translated, and analyzed by a team of legal and Tudor
scholars. This edition serves asan important sourcebook and
concludes with a 'docudrama' reconstructing the course of the trial
based on these documents. Legal experts H. A. Kelly and R. H.
Helmholz take different approaches to the legalities of this trial,
and four experienced judges [including Justice of the Queen's Bench
Sir Michael Tugendhat] discuss the trial with some disagreements -
notably on the meaning and requirement of 'malice' called for in
the Parliamentary Act of Supremacy. More's own accounts of his
interrogations in prison are analyzed, and the trial's procedures
are compared to and contrasted with 16th-century concepts of
natural law and also modern judicial practices and principles. The
book is a 'must read' not only for students of law and Tudor
history but also for all concerned with justice and due process. As
a whole, the book challenges Duncan Derrett's conclusions that the
trial was conducted in accord with contemporary legal norms and
that More was convicted only on the single charge of denying
Parliament the power to declare Henry VIII Supreme Head of the
English Church [testified to by Richard Rich] - a position that has
been uniformly accepted by historians since 1964. HENRY ANSGAR
KELLY is past Director of the Center for Medieval and Renaissance
Studies, UCLA. LOUIS W. KARLIN is an attorney with the California
Court of Appeal and Fellow of the Center for Thomas More Studies,
University of Dallas. GERARD B. WEGEMER is Director of the Center
for Thomas More Studies.
This book challenges the recently established consensus that the
trial was a carefully prepared and executed judicial process in
which the judges were amenable to reasonable arguments. Thomas
More's treason trial in 1535 is one of history's most famous court
cases, yet never before have all the major documents been
collected, translated, and analyzed by a team of legal and Tudor
scholars. This edition serves asan important sourcebook and
concludes with a 'docudrama' reconstructing the course of the trial
based on these documents. Legal experts H. A. Kelly and R. H.
Helmholz take different approaches to the legalities of this trial,
and four experienced judges [including Justice of the Queen's Bench
Sir Michael Tugendhat] discuss the trial with some disagreements -
notably on the meaning and requirement of 'malice' called for in
the Parliamentary Act of Supremacy. More's own accounts of his
interrogations in prison are analyzed, and the trial's procedures
are compared to and contrasted with 16th-century concepts of
natural law and also modern judicial practices and principles. The
book is a 'must read' not only for students of law and Tudor
history but also for all concerned with justice and due process. As
a whole, the book challenges Duncan Derrett's conclusions that the
trial was conducted in accord with contemporary legal norms and
that More was convicted only on the single charge of denying
Parliament the power to declare Henry VIII Supreme Head of the
English Church [testified to by Richard Rich] - a position that has
been uniformly accepted by historians since 1964. Henry Ansgar
Kelly, Distinguished Research Professor, is past Director of the
Center for Medieval and Renaissance Studies, UCLA. LOUIS W. KARLIN
is an attorney with the California Department of Justice and Fellow
of the Center for Thomas More Studies, University of Dallas. GERARD
B. WEGEMER is Director of the Center for Thomas More Studies and
Professor of Literature at the University ofDallas.
What are the connections between conceptions of rights found in
English law and those found in bills of rights around the World?
How has English Common Law influenced the Universal Declaration of
Human Rights (UDHR) 1948 and the European Convention on Human
Rights (ECHR) 1950? These questions and more are answered in
Michael Tugendhat's historical account of human rights from the
eighteenth century to present day. Focusing specifically on the
first modern declarations of the rights of mankind- the 'Virginian
Declaration of Rights', 1776, the French 'Declaration of the Rights
of Man and of the Citizen', 1789, and the 'United States Bill of
Rights', 1791- the book recognises that the human rights documented
in these declarations of the eighteenth century were already
enshrined in English common law, many originating from English law
and politics of the fifteenth century. The influence of English
Common Law , taken largely from Blackstone's Commentaries on the
Laws of England, can also be realised in the British revolutions of
1642 and 1688; the American and French Revolutions of 1776 and 1789
respectively; and through them, on the UDHR and ECHR. Moreover,
Tugendhat argues that British law, in all but a few instances,
either meets or exceeds human rights standards, and thus
demonstrates that human rights law is British law and not a recent
invention imported from abroad. Structured in three sections, this
volume (I) provides a brief history of human rights; (II) examines
the rights found in the American and French declarations and
demonstrates their ancestry with English law; and (III) discusses
the functions of rights and how they have been, and are, put to
use.
Theft, deception, bribery, rogue trading and money laundering
present massive and apparently insuperable problems for governments
worldwide. On a national and international scale, these types of
activities may have social, economic and political repercussions.
This new book is primarily concerned with the impact of these
activities upon private individuals. The text analyses the position
of the victim, the fraudster, recipients of property and
accessories. The focus is upon the civil law aspects of fraud and
the increasing significance of money laundering legislation and the
law of human rights. The main theme of this book is an examination
of the extent to which fraudulent activity triggers special rules
which are exceptions to the general principles of civil law. There
is the further question of the extent to which theft and fraud
affect transactions which are interlinked. Policy issues are
weighed in the balance, such as the protection of property rights
against the need to ensure the free circulation of goods and the
security of good faith purchase, and the demand for certainty in
the law against the need to deter fraud.
A specialist team of barristers from Five Raymond Buildings (the
media, entertainment and human rights chambers) have come together
to write this timely consideration of the rapidly developing law of
privacy in England and Wales. The book considers how the law
protects the publication of personal information without
undermining the fundamental principle of freedom of expression.
Although intended as a practitioners' guide to the law, it includes
a consideration of comparative and international jurisprudence, as
well as leading academic writings on the subject, in order to
elaborate the principles upon which privacy rights are based. These
may helpfully guide the development of English law in the years
ahead. At the heart of the book is an explanation of existing
causes of action which may be used to protect personal privacy and
practical advice on defences and remedies that may be available. It
is recognized that recent legislation, most notably the Data
Protection Act 1998 and the Human Rights Act 1998, has had a
significant impact on the law in this area and full consideration
is given to their application. A vast range of case law is also
analysed, including the House of Lords judgment in Naomi Campbell v
MGN Ltd, the European Court of Human Rights judgment in Von
Hannover v Germany, and the Court of Appeal judgment in Douglas v
Hello!. The Law of Privacy and the Media is essential reading for
all those who act for or against the media, as well as all those
with a general interest in the subject. The inclusion of the second
cumulative supplement in this set brings the complete work up to
date to August 2005.
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