Description
Book SynopsisThis book, the first extended study of the legal thought of Edward Coke, investigates how law reform impacted his understanding of individual rights, royal authority, and the need for confidence in legal institutions. In doing so, it offers a new explanation for the shaping of early modern constitutional thought.
Trade Review'Smith has presented a highly influential volume on Edward Coke's jurisprudence up to the time of his dismissal by King James I from the Court of King's Bench. His knowledge of Coke's writings and jurisprudence, based on his use of both manuscript and published primary sources, will make this work a definitive study of Coke's early life. This book is recommended for all collections of English legal history.' Joel Fishman, Law Library Journal
'Smith's book is notable for its careful and wide-ranging reading of sources. His scholarship is as impressive as his erudition. This is complex and often bewildering material and his explication of individual cases and his ability to synthesize contemporary ideas is admirable. … This is, in sum, a fine work of scholarship that is both accessible and informative. It makes an important contribution to the field.' James S. Hart, Jr, The American Historical Review
'For students and scholars of legal history with at best only a passing interest in Coke, the real value of the book lies in its nature as a case study that illustrates a much deeper challenge to a number of interpretive angles that have tended to govern debates in English political history. Refreshingly, Smith's argument defies the binary terms of liberty and royal prerogative that have structured so many readings of English legal and constitutional history.' Sebastian Sobecki, Journal of British Studies
Table of Contents1. Introduction; 2. Uncertainty and the reformation of the laws; 3. 'The most dangerous oppressor': the misuse of the law; 4. Confidence and corruption: the law in the Fens; 5. Identity and narratives of the past; 6. Reason and reform; 7. Pragmatism and the High Commission; 8. Chancery, reform, and the limits of cooperation; 9. Delegation and moral kingship; 10. Conclusion.
