- About
-
The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
provided by the
Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
Search results
Showing 1 to 2 of 2 (0.08 seconds)Spelling suggestions: "subject:"long parliament"" "subject:"long parliamenta""
| 1 |
The 'Junto' and its Antecedents: the character and continuity of dissent under Charles I from the 1620s to the Grand RemonstranceVan Duinen, Jared Pieter, History & Philosophy, Faculty of Arts & Social Sciences, UNSW January 2009 (has links)
ABSTRACT This thesis aims to (re)examine the breakdown of consensus that led to the outbreak of the English Revolution. It aims to do so from the particular perspective of a group of moderate godly laymen, commonly known as the 'Junto', who played a prominent role in the religious and political machinations of the Long Parliament before the outbreak of hostilities in 1642. Of particular concern is an exploration of the ideological background of these men in order to delineate possible contours of continuity of thought and action extending from the 1620s to the Long Parliament; an objective which has been facilitated via the deployment of a kind of micro-prosopographical methodology which focuses more on qualitative rather than quantitative 'ties of association'. With a view towards charting such contours of continuity, the 1630s provide the crux of the thesis. To this purpose, a number of ties of association have been interrogated including the involvement of these men in colonisation schemes (in particular the Providence Island Company); their resistive action to prerogative taxation; the efficacy of godly communitarian and social ties; and their association with the irenic schemes of John Dury and Samuel Hartlib. Deeply contextualised analysis of such ties of association has the potential to reveal and reframe previously obscured contours of continuity. Furthermore, this focus not only sheds light on this important yet relatively neglected decade but also contributes to a growing body of post-revisionist research by reappraising the revisionist emphasis on short-term and non-ideological causes of the English Revolution. This thesis demonstrates that, for these men at least, there can be discerned a continuity of dissident ideological thought and action stemming from the mid-1620s and receiving its fullest expression in the Grand Remonstrance of November 1641. Moreover, although this dissident ideological framework had political/constitutional implications, it was fundamentally religious in origin and nature, stemming as it did from a reaction to the Arminianism of the Caroline ecclesiastical establishment in the 1620s and its subsequent Laudian efflorescence in the 1630s. Thus this thesis demonstrates that for these men the causes of the English Revolution were essentially religious in nature.
|
| 2 |
A Pragmatic Standard of Legal ValidityTyler, John 2012 May 1900 (has links)
American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law.
These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism.
In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method.
This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior.
The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent.
The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will.
Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil.
|
Page generated in 0.0871 seconds