‘The common name of Irishman’: protestantism and patriotism in eighteenth-century Ireland

1998 ◽  
pp. 236-262 ◽  
Author(s):  
Ian McBride
Keyword(s):  
Eighteenth Century ◽  
The Common

Common Law Constitutionalism

2018 ◽  
Author(s):  
William E. Nelson
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Legal Profession ◽  
Legal Institutions ◽  
Law System ◽  
The Common ◽  
Common Law System

This chapter shows how common law pleading, the use of common law vocabulary, and substantive common law rules lay at the foundation of every colony’s law by the middle of the eighteenth century. There is some explanation of how this common law system functioned in practice. The chapter then discusses why colonials looked upon the common law as a repository of liberty. It also discusses in detail the development of the legal profession individually in each of the thirteen colonies. Finally, the chapter ends with a discussion of the role of legislation. It shows that, although legislation had played an important role in the development of law and legal institutions in the seventeenth century, eighteenth-century Americans were suspicious of legislation, with the result that the output of pre-Revolutionary legislatures was minimal.

Searching for Political Parties in the Past

2017 ◽  
Author(s):  
Piero Ignazi
Keyword(s):  
Eighteenth Century ◽  
Political Parties ◽  
Political Party ◽  
Ancient Greece ◽  
Political Community ◽  
Democratic Politics ◽  
The Political ◽  
The Past ◽  
The Common

Chapter 1 introduces the long and difficult process of the theoretical legitimation of the political party as such. The analysis of the meaning and acceptance of ‘parties’ as tools of expressing contrasting visions moves forward from ancient Greece and Rome where (democratic) politics had first become a matter of speculation and practice, and ends up with the first cautious acceptance of parties by eighteenth-century British thinkers. The chapter explores how parties or factions have been constantly considered tools of division of the ‘common wealth’ and the ‘good society’. The holist and monist vision of a harmonious and compounded society, stigmatized parties and factions as an ultimate danger for the political community. Only when a new way of thinking, that is liberalism, emerged, was room for the acceptance of parties set.

The Georgics

1967 ◽  
Vol 1 ◽  
pp. 14-22
Keyword(s):  
Eighteenth Century ◽  
The Common ◽  
The Absolute ◽  
Absolute Control

‘The best poem of the best poet’, said Dryden. And Spence (a generation or so later): ‘The most beautiful and most correct poem that ever was wrote in the Roman language.’ It is not hard to see why the Georgics had such a powerful appeal to the English Augustans, nor why the English Georgic became a poetic genre in its own right in the eighteenth century. The absolute control of the medium, the perfection of finish such as we do not find uniformly in the unrevised Aeneid, put it alongside Horace’s Odes as an example of artistic excellence of the highest degree. The elaborate diction, with its elevation of the ordinary and the common into ornate and cultivated paraphrase, naturally pleased those whose ears were attuned to listen for elegance, dignity, and propriety.

Fielding and Richardson

PMLA ◽  
1966 ◽  
Vol 81 (5) ◽  
pp. 381-388
Author(s):  
William Park
Keyword(s):  
Twentieth Century ◽  
Eighteenth Century ◽  
Human Nature ◽  
General Type ◽  
Common Ground ◽  
The Other ◽  
The Novel ◽  
Tom Jones ◽  
The Common ◽  
The One

But the Discovery [of when to laugh and when to cry] was reserved for this Age, and there are two Authors now living in this Metropolis, who have found out the Art, and both brother Biographers, the one of Tom Jones, and the other of Clarissa.author of Charlotte SummersRather than discuss the differences which separate Fielding and Richardson, I propose to survey the common ground which they share with each other and with other novelists of the 1740's and 50's. In other words I am suggesting that these two masters, their contemporaries, and followers have made use of the same materials and that as a result the English novels of the mid-eighteenth century may be regarded as a distinct historic version of a general type of literature. Most readers, it seems to me, do not make this distinction. They either think that the novel is always the same, or they believe that one particular group of novels, such as those written in the early twentieth century, is the form itself. In my opinion, however, we should think of the novel as we do of the drama. No one kind of drama, such as Elizabethan comedy or Restoration comedy, is the drama itself; instead, each is a particular manifestation of the general type. Each kind bears some relationship to the others, but at the same time each has its own identity, which we usually call its conventions. By conventions I mean not only stock characters, situations, and themes, but also notions and assumptions about the novel, human nature, society, and the cosmos itself. If we compare one kind of novel to another without first considering the conventions of each, we are likely to make the same mistake that Thomas Rymer did when he blamed Shakespeare for not conforming to the canons of classical French drama.

scholarly journals Fra eneveldets scene mot representative forsamlinger: visitasen som offentlig arena i Norge, ca. 1750–1850

2015 ◽  
Vol 12 ◽  
pp. 183-211
Author(s):  
Trond Bjerkås
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Local Government ◽  
Public Participation ◽  
General Public ◽  
Common People ◽  
Lay Members ◽  
The Common ◽  
Control Apparatus ◽  
The Church

From the Stage of State Power to Representative Assembly?: The Visitation as a Public Arena, 1750–1850In the eighteenth century, the bishops’ visitations to dioceses constituted an important part of the control apparatus of the Church and the absolutist state. The article examines visitations in Norway in terms of public arenas, where the common people interacted with Church officials. During the period 1750 to 1850, the visitations were gradually transformed from arenas in which the state manifested its power towards a largely undifferentiated populace, to meeting places that resembled representative assemblies with both clerical and common lay members. Thus, it adapted to new forms of public participation established by the reforms of national and local government in the first half of the nineteenth century. At the same time, the process amounted to an elitization, because a few representatives replaced of the congregation as a whole. It is also argued that parish churches in the eighteenth century functioned as general public forums with a number of other functions in addition to worship, such as being places of trade and festivities. This seems to change in the nineteenth century, when churches became more exclusively religious arenas. The transition can be seen in the context of new forms of participation in Church matters. Many clerics wanted greater participation by sections of the commoners, in order to strengthen control in moral and religious matters.

Contract

2019 ◽  
pp. 369-385
Author(s):  
John Baker
Keyword(s):  
Eighteenth Century ◽  
Standard Form ◽  
Contract Law ◽  
Third Party ◽  
History Of ◽  
The Common ◽  
The Difference ◽  
Privity Of Contract

This chapter explores some lines of development in contract law after 1600. First there were questions flowing from the decision in Slade’s Case – the pleading formulae known as the ‘common counts’ in indebitatus assumpsit were quickly settled and the perjury problems after the disuse of wager of law were dealt with in the Statute of Frauds 1677. Attempts to rationalize consideration in the eighteenth century were unsuccessful save that it became distinct from the requirement of an intention to be bound. The chapter traces the history of privity of contract and of the various attempts to give remedies to third-party beneficiaries. It then discusses the implication of terms into contracts, the difference between conditions and warranties, exclusion clauses, and the problems occasioned by standard-form contracts.

The Authority of the Administration

2020 ◽  
pp. 45-66
Author(s):  
Janet McLean
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Radical Change ◽  
Public Trust ◽  
Administrative Law ◽  
Legitimate Authority ◽  
The Common ◽  
Theoretical Foundations

The authority claims of the administration have undergone radical change with consequences for the shape and content of administrative law. In the seventeenth century, authority was claimed in office, as a means to limit the imposition of the King’s will and to secure the independence of officials, especially the judges. In the eighteenth century, virtue, property, and independence became the basis for office, and the common law sought to enhance such authority through notions of public trust. After the nineteenth-century transition to more centralised and bureaucratic hierarchy, democracy became the new source of authority for the administration, reinforced by the ultra vires doctrine. In each era, the authority claims of the administration have been reflected in the frameworks for judicial supervision. In this way the common law has simultaneously constituted and controlled authority. In the present day we are in the process of rethinking whence administrators derive their legitimate authority and the theoretical foundations of judicial review. Beginning with the authority claims of the administration and framing a juridical response which reflects and tests such claims would be a good place to start.

The Archaeology of the French Revolution

2007 ◽  
Author(s):  
Margarita Diaz-Andreu
Keyword(s):  
Eighteenth Century ◽  
French Revolution ◽  
Early Years ◽  
Political Scientist ◽  
Professional Discipline ◽  
The People ◽  
Nineteenth And Twentieth Centuries ◽  
The Common ◽  
The Relationship ◽  
The French Revolution

The nineteenth century saw the emergence of both nationalism and archaeology as a professional discipline. The aim of this chapter is to show how this apparent coincidence was not accidental. This discussion will take us into uncharted territory. Despite the growing literature on archaeology and nationalism (Atkinson et al. 1996; Díaz-Andreu & Champion 1996a; Kohl & Fawcett 1995; Meskell 1998), the relationship between the two during the late eighteenth and early nineteenth centuries has yet to be explored. The analysis of how the past was appropriated during this era of the revolutions, which marked the dawn of nationalism, is not helped by the specialized literature available on nationalism, as little attention has been paid to these early years. Most authors dealing with nationalism focus their research on the mid to late nineteenth and twentieth centuries, when the ideas that emerged during the era of the revolutions bore fruit and the balance between civic and ethnic nationalism (i.e. between a nationalism based on individual rights and the sovereignty of the people within the nation and another built on the common history and culture of the members of the nation) definitively shifted towards the latter. The reluctance to scrutinize the first years of nationalism by experts in the field may be a result of unease in dealing with a phenomenon which some simply label as patriotism. The term nationalism was not often used at the time. The political scientist Tom Nairn (1975: 6) traced it back to the late 1790s in France (it was employed by Abbé Baruel in 1798). However, its use seems to have been far from common, to the extent that other scholars believed it appeared in 1812. In other European countries, such as England, ‘nationalism’ was first employed in 1836 (Huizinga 1972: 14). Despite this disregard for the term itself until several decades later, specialists in the Weld of nationalism consider the most common date of origin as the end of the eighteenth century with the French Revolution as the key event in its definition.

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