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Home > Law > Laws of specific jurisdictions > Constitutional and administrative law: general > A Jurisprudence of Power: Victorian Empire and the Rule of Law(Oxford Studies in Modern Legal History)
A Jurisprudence of Power: Victorian Empire and the Rule of Law(Oxford Studies in Modern Legal History)

A Jurisprudence of Power: Victorian Empire and the Rule of Law(Oxford Studies in Modern Legal History)


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About the Book

A Jurisprudence of Power concerns the brutal suppression under martial law of the Jamaica uprising of 1865, and the explosive debate and litigation these events spawned in England. The book explores the centrality of legal ideas and institutions in English politics, and of political ideas that give rise to great questions of English law. It documents how the world's most powerful and articulate political elite struggled with fundamental questions about law, morality, and power. Can a constitutional state rule a sprawling empire without breaking faith with the rule of law? Can it contend with the violent resistance of subjugated peoples without corrupting the integrity of its legal and political ideals? The book addresses these questions as it reconstructs the most prolonged and important conflict over martial law and the rule of law in the history of England in the nineteenth century.

Table of Contents:
Introduction 1: 'The Country of Law': Reconstructing the Morant Bay Uprising in England 2: 'The Blood that Testifies': The Jamaica Controversy in Jamaica 3: The Drawing-Room Men: The Jamaica Controversy in 1866 4: The Tenets of Terror: Reinventing the Law of Martial Law 5: Marshalling Martial Law: Litigating the Jamaica Controversy 6: 'The Alphabet of Our Liberty': Lord Chief Justice Cockburn in the Old Bailey 7: 'The Most Law-Loving People in the World': The Denouement of the Jamaica Litigation Epilogue Phillips v. Eyre and the Problem of Martial Law Conclusion A Jurisprudence of Power: Victorian Empire and the Rule of Law Appendix The Jamaica Controversy as Historiography Bibliography

About the Author :
R.W. Kostal is a Professor of Law and History at the University of Western Ontario. His research focuses on the history of modern law and society in England and the United States. His first book, Law and English Railway Capitalism 1825-1875, was awarded the Ferguson Prize of the Canadian Historical Association in 1995.

Review :
`..Rande Kostal's justification for entering this well-ploughed historical field is to move the law to the centre of the stage...This he does superbly by painstaking research and analysis, displaying mastery of archival sources and the written word. Indeed, Kostal succeeds so well that at times one starts to believe that the law is not just centre stage but the entire stage...a distinguished contribution..A Jurisprudence of Power deserves a wide readership' Michael Taggart, Modern Law Review `...much that is revealing emerges in Kostal's tracing of these events...Arguably the most important thing about the Jamaica Committee was not its methods or their outcome but its crystallisation of a clutch of issues which have changed in shape but not in essence in the intervening years. Law and order are still not the same thing.' Lord Justice Stephen Sedley, London Review of Books


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Product Details
  • ISBN-13: 9780198260769
  • Publisher: Oxford University Press
  • Publisher Imprint: Oxford University Press
  • Height: 242 mm
  • No of Pages: 544
  • Series Title: Oxford Studies in Modern Legal History
  • Sub Title: Victorian Empire and the Rule of Law
  • Width: 163 mm
  • ISBN-10: 0198260768
  • Publisher Date: 08 Dec 2005
  • Binding: Hardback
  • Language: English
  • Returnable: N
  • Spine Width: 35 mm
  • Weight: 983 gr


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