The Ancient Constitution and the Expanding Empire: Sir Edward Coke's British Jurisprudence

Hulsebosch, Daniel J.

doi:10.2307/3595117

Cited by 32 publications

(4 citation statements)

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“…The Magna Carta's most authoritative interpretations were penned by Sir Edward Coke. Coke translated common law political institutions, laws, and statutes (of which the Magna Carta is the preeminent example) into a system of jurisprudence with constitutional rights and liberties (Hulsebosch 2003). So authoritative are Coke's interpretations that he is sometimes considered an author of the British constitution 1 .…”

Section: The Magna Carta's Uncertain Boundariesmentioning

confidence: 99%

“…Like most canons, it was dynamic: some elements dropped off and others were added over time. By the middle of the seventeenth century, this canon was known as the ancient constitution—though Coke never used that term.” (Hulsebosch 2003, 444).…”

Section: Notesmentioning

confidence: 99%

“… 2 “Coke's Institutes transformed a geographically defined nation into a legally defined one and assured readers of the ability to abandon geographical boundaries without losing legal national identity” (Bilder 2004, 33). Hulsebosch uses the phrase “spatial, temporal, and genetic” in reference to Coke's concept of ligeance (Hulsebosch 2003, 445 and n86).…”

Section: Notesmentioning

confidence: 99%

“… 10 Schuck and Smith write, “Coke's position remained the universally cited starting point for Anglo-American legal analyses of political membership through at least the nineteenth century” (Schuck and Smith 1985, 13). Hulsebosch calls Coke the “ablest curator of this constitution” and uses the phrase “spatial, temporal, and genetic” in reference to Coke's concept of ligeance (Hulsebosch 2003, 445 and n86. )…”

Section: Notesmentioning

confidence: 99%

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Jus Tempus in the Magna Carta: The Sovereignty of Time in Modern Politics and Citizenship

Cohen

2010

APSC

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In the English constitutional tradition, subjecthood has been primarily derived from two circumstances: place of birth and time of birth. People not born in the right place and at the right time are not considered subjects. What political status they hold varies and depends largely on the political history of the territory in which they reside at the exact time of their birth. A genealogy of early modern British subjecthood reveals that law based on dates and temporal durations—what I will call collectivelyjus tempus—creates sovereign boundaries as powerful as territorial borders or bloodlines. This concept has myriad implications for how citizenship comes to be institutionalized in modern politics. In this article, I briefly outline one route through whichjus tempusbecame a constitutive principle within the Anglo-American tradition of citizenship and how this concept works with other principles of membership to create subtle gradations of semi-citizenship beyond the binary of subject and alien. I illustrate two main points aboutjus tempus: first, how specific dates create sovereign boundaries among people and second, how durational time takes on an abstract value in politics that allows certain kinds of attributes, actions, and relationships to be translated into rights-bearing political statuses. I conclude with some remarks about how, once established, the principle ofjus tempusis applied in a diverse array of political contexts.

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Section: The Magna Carta's Uncertain Boundariesmentioning

confidence: 99%

Section: Notesmentioning

confidence: 99%