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Republican Legal Theory
 
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Republican Legal Theory
The History, Constitution and Purposes of Law in a Free State
 
 
Palgrave Macmillan
 
 
 
 
 
08 Sep 2003
|
£105.00
|Hardback Print on Demand
  
9781403915757
||
 
 
eBooks ebook on Palgrave Connect ebook available via library subscriptions ebook on ebooks.com 
 
 


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DescriptionContentsAuthors

Republican Legal doctrine begins with the conviction that the common good of the people provides the only legitimate basis of law, government and the state. The 'republican form of government' has influenced legal innovation since Cicero, and inspired the French and American revolutions, among many others. Developing out of the jurisprudential and constitutional legacy of the Roman res publica, as interpreted over two millennia in Europe and North America, republican legal theory is here given a timely appraisal, with the content of the republican tradition, as well as its modern legal and constitutional importance clarified and examined.
In Republican Legal Theory Professor Sellers offers the most comprehensive study to date of republican legal ideas. Explaining the importance of popular sovereignty, the rule of law, the separation of powers, and other essential checks and balances in safeguarding civil liberty, he argues that these institutions have introduced a new era of justice into politics.


Description

Republican Legal doctrine begins with the conviction that the common good of the people provides the only legitimate basis of law, government and the state. The 'republican form of government' has influenced legal innovation since Cicero, and inspired the French and American revolutions, among many others. Developing out of the jurisprudential and constitutional legacy of the Roman res publica, as interpreted over two millennia in Europe and North America, republican legal theory is here given a timely appraisal, with the content of the republican tradition, as well as its modern legal and constitutional importance clarified and examined.
In Republican Legal Theory Professor Sellers offers the most comprehensive study to date of republican legal ideas. Explaining the importance of popular sovereignty, the rule of law, the separation of powers, and other essential checks and balances in safeguarding civil liberty, he argues that these institutions have introduced a new era of justice into politics.


Contents

Preface
Introduction
The Origins of Republican Legal Theory
Republican Influences on the French and American Revolutions
Republican Legal Systems
Republican Impartiality
Republican Authority
The Actual Validity of Law
Ideals of Public Discourse
Group Rights and Democracy
Republicanism, Liberalism and the Law
Basic Elements of Legislative Structure
History, Liberty and Comparative Law
Legal Historians and Social Change
Republican Government in the United States of America
Republican Principles in International Law
Conclusion
Bibliography


Authors

MORTIMER NEWLIN STEAD SELLERS is a University System of Maryland Regents Professor and Director of the Center for International and Comparative Law and Professor of Law at the University of Baltimore. He is the author of The Sacred Fire of Liberty and American Republicanism, also available from Palgrave Macmillan.