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Thomas More's Trial by Jury - A Procedural and Legal Review with a Collection of Documents (Hardcover): Henry Ansgar... Thomas More's Trial by Jury - A Procedural and Legal Review with a Collection of Documents (Hardcover)
Henry Ansgar Kelly, Louis W. Karlin, Gerard B. Wegemer; Contributions by David R. Oakley, Edith Hollan Jones, …
R2,191 Discovery Miles 21 910 Ships in 12 - 17 working days

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.

Thomas More's Trial by Jury - A Procedural and Legal Review with a Collection of Documents (Paperback): Henry Ansgar... Thomas More's Trial by Jury - A Procedural and Legal Review with a Collection of Documents (Paperback)
Henry Ansgar Kelly, Louis W. Karlin, Gerard B. Wegemer; Contributions by David R. Oakley, Edith Hollan Jones, …
R953 R874 Discovery Miles 8 740 Save R79 (8%) Ships in 10 - 15 working days

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.

Liberty Intact - Human Rights in English Law (Hardcover): Michael Tugendhat Liberty Intact - Human Rights in English Law (Hardcover)
Michael Tugendhat
R3,135 Discovery Miles 31 350 Ships in 10 - 15 working days

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.

Commercial Fraud - Civil Liability, Human Rights, and Money Laundering (Hardcover): Janet Ulph Commercial Fraud - Civil Liability, Human Rights, and Money Laundering (Hardcover)
Janet Ulph; Edited by (consulting) Michael Tugendhat; James Glister
R11,445 Discovery Miles 114 450 Ships in 10 - 15 working days

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.

The Law of Privacy and the Media - Main Work and Second Cumulative Supplement (Paperback, Revised): Michael Tugendhat, Iain... The Law of Privacy and the Media - Main Work and Second Cumulative Supplement (Paperback, Revised)
Michael Tugendhat, Iain Christie
R12,667 Discovery Miles 126 670 Out of stock

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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