History and ideology : Milton, the levellers, and the council of state in 1649
Martin Dzelzainis seeks to clarify the views of Milton and the Levellers in relation to the “Norman Yoke,” the belief that the Conquest had installed an alien legal system that continued to restrict the natural rights of free subjects. Although Milton was in 1649 asked by the Council of State to respond to two incendiary Leveller pamphlets, he never seems to have done so in print (although other polemicists did). Many modern commentators have sought to interpret this silence as evidence of Milton’s views. Dzelzainis argues that Milton, recently appointed as secretary for foreign tongues, could not easily have refused the request. He shows that the Levellers’ own anti-Norman posture was at the time being modified; thus Milton’s anti-Norman rhetoric after 1649 is no indication of support for the Levellers. Furthermore, such rhetoric was applicable to those who opposed the Rump, including Presbyte77. See Milton, Political Writings, ed. Martin Dzelzainis (Cambridge, 1991), xxi–xxv. 78. See James Tyrrell, The General History of England, 3 vols. (London, 1700–1704), 1:110–11, 115–16, 150; 116 (second pagination); for more on Whig responses, see Nicholas von Maltzahn, Milton’s “History of Britain”: Republican Historiography in the English Revolution (Oxford, 1991), 176–78. 79. Tyrrell, General History, 1:vi (second preface). This content downloaded from 207.46.13.128 on Wed, 07 Sep 2016 06:14:53 UTC All use subject to http://about.jstor.org/terms
War and Constitutions: A Bargaining Model
We conceptualize the modern democratic republic - which combines the somewhat contradictory elements of property rights and universal franchise - as the result of bargaining in the face of military threat. Rich democracies converged on these two foundational pillars of modern constitutionalism because of their efficiency in mobilizing societal resources for war: property rights in exchange for money from the rich, and the right to vote in exchange for manpower from the masses. Once medieval monarchies exhausted their own reserves or their opportunities for plunder, they were forced to grant property rights in return for more resources - taxes or loans. With few and usually brief exceptions, universal male franchise emerged only later with full manpower mobilization, which for some states was the 20th century world wars.
A concise history of the common law
As always during its long history, English common law, upon which American law is based, has had to defend itself against the challenge of civil law's clarity and traditions. That challenge to our common law heritage remains today. To that end, Liberty Fund now makes available a clear and candid discussion of common law. "A Concise History of the Common Law" provides a source for common-law understanding of individual rights, not in theory only, but protected through the confusing and messy evolution of courts, and their administration as they struggled to resolve real problems. Plucknett's seminal work is intended to convey a sense of historical development - not to serve merely as a work of reference. The first half of the book is a historical introduction to the study of law. Plucknett discusses the conditions in political, economic, social, and religious thought that have contributed to the genesis of law. This section is a brief but astoundingly full introduction to the study of law. The second half of the book consists of chapters introducing the reader to the history of some of the main divisions of law, such as criminal, tort, property, contract, and succession. These topics are treated with careful exposition so that the book will be of interest to those just embarking on their quest in legal history while still providing enough substantial information, references, and footnotes to make it meaningful for the well-versed legal history reader.