Lectures on the Relation Between Law and Public Opinion in England During the Nineteenth Century

1 Bentham, “Anarchical Fallacies,” cited Kent, English Radicals, p. ... Law Reform, Codification—all “ these agenda crowned with your approbation—nothing can bo more “satisfactory, nothing more glorious to me—nothing more beneficial ...

Author: Albert Venn Dicey

Publisher: Routledge

ISBN: 9781351509190

Category: Law

Page: 615

View: 778


The famed 1914 edition of this classic is one of the small handful of works that deserve to be read by Americans to understand the 1980s. Indeed, the final three chapters, describing the decline of will and consensus in late Victorian England, stand as a stark, unmistakable reminder that such national decline can happen again. Dicey was the most influential constitutional authority in late Victorian and Edwardian Britain. Modern politicians have often invoked the phrase "rule of law." So commonplace has it become that few recognize its source in the work of Dicey. Law and Public Opinion in England is written with simplicity, wit and a sense of purpose that marks it as a book apart. It did much more than fortell the decline of empire, it developed the forms in which such decline comes about. In many ways this book represents a pioneering statement on the libertarian tradition as a consequence of rather than rebellion against the legal norms of an advanced civilization. This is a central book for students of society and politics alike.

Lectures on the Relation Between Law Public Opinion in England

The philosophical Radicals proposed to reform the law of England, not by any root and branch revolution, ... in the law, were in fact denied to large classes.1 The English public then came to perceive that Benthamism meant nothing more ...

Author: Albert Venn Dicey

Publisher: Transaction Publishers

ISBN: 9781412827430

Category: Great Britain

Page: 506

View: 720


Lectures on the Relation between Law and Public Opinion during the 19th Century

In the field, however, of ecclesiastical legislation the vices of compromise are as marked as its merits. ... Our law of divorce enables a clergyman of the Church of England to cast a slur upon a marriage fully sanctioned by the law of ...

Author: Albert Venn Dicey

Publisher: Jazzybee Verlag

ISBN: 9783849653408

Category: Law

Page: 632

View: 234


A course of lectures delivered at the Harvard Law School in 1898 form the basis of the book; but these have been modified and altered in subsequent presentation at Oxford University. Three opening lectures discuss the relation between law and public opinion, the characteristics of law-making opinion in England, and the influence of democracy on legislation. These prepare the way for the central theme, an analysis of the leading tendencies of English legislation during the past century. Three periods are marked off, in each of which the main current of legislation is clearly shown to be in accordance with certain definite principles: first, the Blackstonian period of Old Troyism from 1800 to 1830, marked by legislative quiescence; second, the period of Benthamism from 1830 to 1870, marked by profound legislative changes in accordance with individualistic ideals; and third, the period of collectivism, from 1865 to 1900, marked by the same Benthamite method of legislative activity, but by an antithetic socialistic or collectivistic ideal. This central discussion is followed by two chapters on counter-currents and cross-currents of legislative opinions and on illustrative tendencies in judicial legislation during the period under review. A final lecture discusses the relation between legislative opinion and the general tendencies of English thought in other spheres and in the writings of notable individuals, such as Harriet Martineau, Charles Dickens and John Stuart Mill.

The Liberty of Non citizens

Dicey, AV, The Law of the Constitution, 8th edn (London, Macmillan, 1915). , Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century, 2nd edn (London, Macmillan, 1904).

Author: Rayner Thwaites

Publisher: Bloomsbury Publishing

ISBN: 9781782252986

Category: Law

Page: 352

View: 701


The book addresses the legality of indefinite detention in countries including Australia, the United Kingdom and Canada, enabling a rich cross-fertilisation of experiences and discourses. The issue has arisen where a government is frustrated in its ability to remove a non-citizen subject to a removal order and employs a power to detain him until removal. The cases raise fundamental questions about the nature and extent of immigration powers, the legal position of non-citizens and counter-terrorism law and policy. More broadly, the judgments have become key reference points in discussions of constitutionalism, rights and a range of contemporary issues in public law.The book analyses the legal context, reasoning and implications of the case law on indefinite detention. It argues that the law of each jurisdiction contains ample resources to support a ruling that indefinite detention is illegal. It demonstrates that, taking into account variations in legal frameworks and doctrines, a judge's response to indefinite detention is determined by his or her answer to the question whether a non-citizen, subject to a removal order, retains a right to liberty. It details how a judge's answer flows through his or her adjudication on the scope of the relevant exception to liberty.The thesis on which the book is based won the 2010 Marks Medal from the University of Toronto Law Faculty for the best graduate thesis.

Feminist Perspectives on Public Law

To do this, I must demonstrate what happens to the public dimension in Dicey's non-public constitutional law. ... his second major text, Lectures on the Relation Between Law and Public Opinion in England During the Nineteenth Century.4 ...

Author: Susan Millns

Publisher: Routledge

ISBN: 9781135345549

Category: Law

Page: 324

View: 799


Feminist scholarship can provide public lawyers with the critical tools and insights to respond to these new challenges. This collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.

Public Law after the Human Rights Act

78AV Dicey, Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century, ... 84 In none of his writings does Allan advert to Dicey's views in Law and Public Opinion, although it indicates more in ...

Author: Tom Hickman

Publisher: Bloomsbury Publishing

ISBN: 9781847317513

Category: Law

Page: 360

View: 367


It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law. Such basic questions include: what is the Human Rights Act? What is the relationship between human rights principles and common law doctrines in public law? Do traditional public law principles need to be replaced? How has the Human Rights Act altered the constitutional relationship between the courts, government and Parliament in the UK? Public Law After the Human Rights Act proposes answers to these questions. Unlike other books on the Human Rights Act, the book looks beyond the Human Rights Act itself to its effect on public law as a whole. The book articulates in novel ways the relationship between the Act and administrative and constitutional law. It suggests that the Human Rights Act has built on the common law constitution. The discussion focuses on core topics in modern public law, including, the constitutional status of the Human Rights Act; the relationship between human rights and the common law; the Human Rights Act's effect on central doctrines of public law such as reasonableness, proportionality and process review; the structure of public law in the human rights era; derogation and emergencies; and the right of access to a court. Winner of the Inner Temple Young Author Book Prize 2011.

Studies in the Growth of Nineteenth Century Government Routledge Library Editions Political Science Volume 33

To descend from the theory to the instance, I must say a few words about the case of nineteenth-century administrative ... 9 A. V. Dicey, Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century.

Author: Gillian Sutherland

Publisher: Routledge

ISBN: 9781135026387

Category: Political Science

Page: 316

View: 679


The main theme of this book is the complex relationship between government servants and the world around them and this is explored in a number of ways. The essays include studies of the people who played an important part in the development of 19th century government: there is a chapter on the transmission of Benthamite ideas, an ccount of John Stuart Mill and his views on utilitarianism and bureaucracy, and of the work of Charles Trevelyan on the Northcote-Trevelyan Report. The Treasury, the Colonial and Foreign Offices, the Labour Department of the Board of Trade are also examined in relation to government growth in the period.

A Simple Common Lawyer

Essays in Honour of Michael Taggart David Dyzenhaus, Murray Hunt, Grant Huscroft ... 19 AV Dicey, Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century (London, Macmillan, 1905) 440 [Dicey, ...

Author: David Dyzenhaus

Publisher: Bloomsbury Publishing

ISBN: 9781847314932

Category: Law

Page: 328

View: 225


Michael Taggart was the Alexander Turner Professor of Law in the University of Auckland, New Zealand until his retirement in 2008. He has worked extensively on public law, in particular administrative law, privatisation and the public/private law divide as well as on legal history. He has visited and taught at the Universities of Melbourne, New South Wales, Toronto, Cambridge, Paris II, Victoria at Wellington, Saskatchewan, Western Ontario, Queen's University at Kingston and Osgoode Hall Law School. This book of essays, dedicated to him by a group of his friends including academic colleagues, practitioners and judges, marks his enormous contribution to the common law.

The Encyclopedia of Libertarianism

Dicey's basic principles for the rule of law were three: that no one can be punished ... Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century. London: Macmillan, 1919.

Author: Ronald Hamowy

Publisher: SAGE Publications

ISBN: 9781452266046

Category: Political Science

Page: 664

View: 906


As a continuation of the older tradition of classical liberalism, libertarian thinking draws on a rich body of thought and scholarship. Contemporary libertarian scholars are continuing that tradition by making substantial contributions to such fields as philosophy, jurisprudence, economics, evolutionary psychology, political theory, and history, in both academia and politics. With more than 300 A-to-Z signed entries written by top scholars, The Encyclopedia of Libertarianism is purposed to be a useful compilation of and introduction to libertarian scholarship. The Encyclopedia starts with an introductory essay offering an extensive historical and thematic overview of key thinkers, events, and publications in the development of libertarian thought. The Reader's Guide groups content for researchers and students alike, allowing them to study libertarianism topically, biographically, and by public policy issues. Key Features Entries conclude with bibliographies and references for further reading and cross-references to related entries. Each entry provides an introduction to a topic or policy question relevant to libertarianism or a biography of a person who has had an impact on libertarianism. Editors take special care to ensure entries clearly explain libertarian approaches to issues, do not take sides on disputed matters or engage in polemics, and represent the views of all sides fairly and accurately.

Emergency Management of the National Economy

Because of the importance of collections of individual opinions which reveal a substantial degree of agreement ... 7 Dicey , A. V. , Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century .

Author: Industrial College of the Armed Forces (U.S.)


ISBN: STANFORD:36105133459995



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