Dauber, “State and Commonwealth”

This month, the Princeton University Press will release “State and Commonwealth: The Theory of the State in Early Modern England, 1549–1640,” by Noah Dauber (Colgate University).  The publisher’s description follows:

In the history of political thought, the emergence of the modern state in early modern England has usually been treated as the development of an increasingly centralizing k10754and expansive national sovereignty. Recent work in political and social history, however, has shown that the state—at court, in the provinces, and in the parishes—depended on the authority of local magnates and the participation of what has been referred to as “the middling sort.” This poses challenges to scholars seeking to describe how the state was understood by contemporaries of the period in light of the great classical and religious textual traditions of political thought.

State and Commonwealth presents a new theory of state and society by expanding on the usual treatment of “commonwealth” in pre–Civil War English history. Drawing on works of theology, moral philosophy, and political theory—including Martin Bucer’s De Regno Christi, Thomas Smith’s De Republica Anglorum, John Case’s Sphaera Civitatis, Francis Bacon’s essays, and Thomas Hobbes’s early works—Noah Dauber argues that the commonwealth ideal was less traditional than often thought. He shows how it incorporated new ideas about self-interest and new models of social order and stratification, and how the associated ideal of distributive justice pertained as much to the honors and offices of the state as to material wealth.

Broad-ranging in scope, State and Commonwealth provides a more complete picture of the relationship between political and social theory in early modern England.

Dehanas, “London Youth, Religion, and Politics”

In August, Oxford University Press will release “London Youth, Religion, and Politics: Engagement and Activism from Brixton to Brick Lane,” by Daniel Nilsson DeHanas (King’s College London). The publisher’s description follows:

For more than a decade the “Muslim question” on integration and alleged extremism has vexed Europe, revealing cracks in long-held certainties about the role of religion 9780198743675in public life. Secular assumptions are being tested not only by the growing presence of Muslims but also by other fervent new arrivals such as Pentecostal Christians. London Youth, Religion, and Politics focuses on young adults of immigrant parents in two inner-city London areas: the East End and Brixton. It paints vivid portraits of dozens of young men and women met at local cafes, on park benches, and in council estate stairwells, and provides reason for a measured hope.

In East End streets like Brick Lane, revivalist Islam has been generating more civic integration although this comes at a price that includes generational conflict and cultural amnesia. In Brixton, while the influence of Pentecostal and traditional churches can be limited to family and individual renewal, there are signs that this may be changing. This groundbreaking work offers insight into the lives of urban Muslim, Christian, and non-religious youth. In times when the politics of immigration and diversity are in flux, it offers a candid appraisal of multiculturalism in practice.

Brasington, “Order in the Court”

This month, Brill will release “Order in the Court: Medieval Procedural Treatises in Translation,” by Bruce C. Brasington (West Texas A&M University).  The publisher’s description follows:

In Order in the Court, Brasington translates and comments upon the earliest medieval48389 treatises on ecclesiastical legal procedure. Beginning with the eleventh-century
“Marturi Case,” the first citation of the Digest in court since late antiquity and the jurist Bulgarus’ letter to Haimeric, the papal chancellor, we witness the evolution of Roman-law procedure in Italy. The study then focusses on Anglo-Norman works, all from the second half of the twelfth century. The De edendo, the Practica legum of Bishop William of Longchamp, and the Ordo Bambergensis blend Roman and canon law to guide the judge, advocate, and litigant in court. These reveal the study and practice of the learned law during the turbulent “Age of Becket” and its aftermath.

Cressey, “Charles I & the People of England”

A wonderfully interesting looking history of the seventeenth century Stuart Charles I and the People of Englandmonarch, Charles I, that emphasizes the religious history of the period: Charles I & the People of England, by David Cressey will be released by Oxford University Press later this month. The publisher’s description follows.

The story of the reign of Charles I – through the lives of his people.

Prize-winning historian David Cressy mines the widest range of archival and printed sources, including ballads, sermons, speeches, letters, diaries, petitions, proclamations, and the proceedings of secular and ecclesiastical courts, to explore the aspirations and expectations not only of the king and his followers, but also the unruly energies of many of his subjects, showing how royal authority was constituted, in peace and in war – and how it began to fall apart.

A blend of micro-historical analysis and constitutional theory, parish politics and ecclesiology, military, cultural, and social history, Charles I and the People of England is the first major attempt to connect the political, constitutional, and religious history of this crucial period in English history with the experience and aspirations of the rest of the population. From the king and his ministers to the everyday dealings and opinions of parishioners, petitioners, and taxpayers, David Cressy re-creates the broadest possible panorama of early Stuart England, as it slipped from complacency to revolution.

Smith, “Sir Edward Coke and the Reformation of the Laws”

Here’s a new book, Sir Edward Coke and the Reformation of the Laws: Religion, Politics and Jurisprudence, 1578-1616, by David Chan Smith (Wilfred Chan SmithLaurier University, Ontario), published late last year by Cambridge University Press on Coke’s legal thought and the role of religion in the development of his views of church-state relations. The publisher’s description follows.

Throughout his early career, Sir Edward Coke joined many of his contemporaries in his concern about the uncertainty of the common law. Coke attributed this uncertainty to the ignorance and entrepreneurship of practitioners, litigants, and other users of legal power whose actions eroded confidence in the law. Working to limit their behaviours, Coke also simultaneously sought to strengthen royal authority and the Reformation settlement. Yet the tensions in his thought led him into conflict with James I, who had accepted many of the criticisms of the common law. Sir Edward Coke and the Reformation of the Laws reframes the origins of Coke’s legal thought within the context of law reform and provides a new interpretation of his early career, the development of his legal thought, and the path from royalism to opposition in the turbulent decades leading up to the English civil wars.

Sobecki, “Unwritten Verities”

This March, Notre Dame University Press released the fascinating lookingSobecki volume, Unwritten Verities: The Making of England’s Vernacular Legal Culture, 1463-1549, by Sebastian Sobecki (University of Groningen). The publisher’s description follows.

In Unwritten Verities: The Making of England’s Vernacular Legal Culture, 1463-1549, Sebastian Sobecki argues that the commitment by English common law to an unwritten tradition, along with its association with Lancastrian political ideas of consensual government, generated a vernacular legal culture on the eve of the Reformation that challenged the centralizing ambitions of Tudor monarchs, the scriptural literalism of ardent Protestants, and the Latinity of English humanists.

Sobecki identifies the widespread dissemination of legal books and William Caxton’s printing of the Statutes of Henry VII as crucial events in the creation of a vernacular legal culture. He reveals the impact of medieval concepts of language, governance, and unwritten authority on such sixteenth-century humanists, reformers, playwrights, and legal writers as John Rastell, Thomas Elyot, Christopher St. German, Edmund Dudley, John Heywood, and Thomas Starkey. Unwritten Verities argues that three significant developments contributed to the emergence of a vernacular legal culture in fifteenth-century England: medieval literary theories of translation, a Lancastrian legacy of conciliar government, and an adherence to unwritten tradition. This vernacular legal culture, in turn, challenged the textual practices of English humanism and the early Reformation in the following century. Ultimately, the spread of vernacular law books found a response in the popular rebellions of 1549, at the helm of which often stood petitioners trained in legal writing. Informed by new developments in medieval literature and early modern social history, Unwritten Verities sheds new light on law printing, John Fortescue’s constitutional thought, ideas of the commonwealth, and the role of French in medieval and Tudor England.

Shah on Religious Accommodations

Prakash Shah (Queen Mary, University of London School of Law) has posted Asking About Reasonable Accommodation in the Context of Religious Universalism. The abstract follows.

Interviews conducted with leading actors in England asking a range of questions about religious diversity and the legal framework and, in particular, about reasonable accommodation, helped identify a number of areas of concern. There was some doubt about whether specific legal provision should be brought in to guarantee reasonable accommodation. However, there was broad support for having the principle adopted in the practice of employers, while some preferred the current informality rather than the principle being enforced through litigation. None of the respondents came up with illustrations outside of Judaism, Christianity or Islam. The results are consistent with recent critical studies showing that the assumption in social sciences that religion is a universal has been imported from theology. Religion-based questions only pick out certain phenomena specific to some cultures and an inevitable skew is created when asking such questions because they only make sense within an Abrahamic religious framework. While enabling the identification of some aspects of culture considered to merit reasonable accommodation on grounds of religion, the results also pose questions about the adequacy of current, standard research methodologies which assume that religion is a universal.

Sowerby, “Making Toleration”

The Glorious Revolution is one of the most important events in the political and religious history of the English-speaking world, providing the context for liberal Lockean ideas of government that influenced the American Constitution a century later. I’ve always had the impression that the Revolution was essentially a Protestant rebellion against the last of the Stuart Monarchs, James II, who seemed poised to restore Catholicism in England.  A new book by Northwestern historian Scott Sowerby, Making Toleration: The Repealers and the Glorious Revolution (HUP 2013) , apparently revises the traditional understanding of the Revolution, characterizing the event as an essentially conservative reaction to James II’s liberalism. The publisher’s description follows:

In the reign of James II, minority groups from across the religious spectrum, led by the Quaker William Penn, rallied together under the Catholic King James in an effort to bring religious toleration to England. Known as repealers, these reformers aimed to convince Parliament to repeal laws that penalized worshippers who failed to conform to the doctrines of the Church of England. Although the movement was destroyed by the Glorious Revolution, it profoundly influenced the post-revolutionary settlement, helping to develop the ideals of tolerance that would define the European Enlightenment.

Based on a rich array of newly discovered archival sources, Scott Sowerby’s groundbreaking history rescues the repealers from undeserved obscurity, telling the forgotten story of men and women who stood up for their beliefs at a formative moment in British history. By restoring the repealer movement to its rightful prominence, Making Toleration also overturns traditional interpretations of King James II’s reign and the origins of the Glorious Revolution. Though often depicted as a despot who sought to impose his own Catholic faith on a Protestant people, James is revealed as a man ahead of his time, a king who pressed for religious toleration at the expense of his throne. The Glorious Revolution, Sowerby finds, was not primarily a crisis provoked by political repression. It was, in fact, a conservative counter-revolution against the movement for enlightened reform that James himself encouraged and sustained.

Should Richard III Receive a Catholic Burial?

You thought there couldn’t be a law and religion angle to today’s news–fascinating for us history nerds–that archaeologists have discovered the mortal remains of Richard III beneath a parking lot in Leicester? Think again. Plans are underway to re-inter the bones in the city’s Anglican Cathedral. Not so fast, say some: the hunchback king wasn’t a Protestant, but a Catholic, and he requires a Catholic burial. In fact, as Shakespeare fans know, Richard died at Bosworth Field (“A horse! A horse! My kingdom for a horse!”), defending his throne from Henry Tudor. Henry went on to reign as Henry VII;  his son, Henry VIII, broke with Rome. As The Tablet’s blog argued this morning, “Had Richard prevailed at the Battle of Bosworth Field, there would have been no Henry VII, therefore no Henry VIII and no Reformation. England today might still be a Catholic country.” Think of it: no Reformation, no Established Church, no Archbishop Laud, no Puritans, no Great Migration — no Massachusetts! — and no Establishment Clause. Surely there’s a law review article in there somewhere.

Leicester Cathedral seems to know it’s facing a sensitive situation. A Catholic priest is keeping watch over Richard’s remains (as is an Anglican, I believe), and the cathedral is planning a “multifaith” burial ceremony. Personally, I’m not sure why English Catholics are so keen to claim Richard, anyway. They must be forgetting the nephews in the Tower.

Walker, “Reason and Religion in Late Seventeenth-Century England”

WalkerThis January, I.B. Tauris will publish Reason and Religion in Late Seventeenth-Century England: The Politics and Theology of Radical Dissent (2013) by historian Christopher J. Walker. The publisher’s description follows.

Reason has always held an uncertain position within Christianity. “I believe because it is absurd’,” wrote Tertullian in the third century as he dismissed rational thought. For Augustine of Hippo, reason had some merit as a route to faith but otherwise was of limited value, since it could undermine a person’s ability to approach God: “the wisdom of the creature,” he opined, “is a kind of twilight.” In seventeenth-century England, reason had come to mean, most usually, a spirit of free enquiry: the exercise of human intelligence upon some form of truth, whether religious or scientific. The notion of revelation, by contrast, indicated the wider accepted divine scheme within which human existence was situated. Christopher J Walker here explores the tensions between the forces of reason and revelation within English religion in the volatile period following the end of the Civil War. Ranging widely across the ideas of The Great Tew Circle, the Cambridge Platonists and dissenters like Paul Best and John Bidle (the “father of English Unitarianism”), the author shows, controversially, that the rational thinking and politics of many of the most supposedly radical figures of the era were not antipathetic to Christian faith but actually integral to it. His book makes an important contribution to the history of both religion and ideas.

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