Counsel and the Crown: History, Law and Politics in the Thought of David Chalmers of Ormond

Research output: Contribution to journalArticle

3 Citations (Scopus)

Abstract

In 1579, the Scottish jurist David Chalmers argued that remedies for the contemporary political troubles of his native country could be found in the study of law and history. His thinking in this regard was indebted to the French writer Jean Bodin. And yet while Chalmers was evidently familiar with Bodin's Les Six Livres de la Republique, he did not endorse all of the latter's more radical claims. In particular, he does not seem to have accepted that all law-making was dependent upon an exercise of sovereign will. In 1566 Chalmers had already argued that in Scotland the binding force of law could be attributed to that which local legal experts recognized to be just and rational on the basis of their learning. He developed this idea in 1579 to create an intriguing account of how both legal and historical learning could be used to shape Scottish laws and government.
Original languageEnglish
Pages (from-to)3-42
Number of pages40
JournalJournal of Legal History
Volume36
Issue number1
Early online date27 Feb 2015
DOIs
Publication statusPublished - 2015

Fingerprint

Law
politics
history
native country
jurist
learning
remedies
writer
expert
History
David Chalmers
Counsel
Thought
Les Six
Jurists
Exercise
Government
French Writer
Scotland

Keywords

  • David Chalmers of Ormond
  • History
  • Law
  • Politics

Cite this

Counsel and the Crown : History, Law and Politics in the Thought of David Chalmers of Ormond. / Simpson, Andrew R. C.

In: Journal of Legal History, Vol. 36, No. 1, 2015, p. 3-42.

Research output: Contribution to journalArticle

@article{76fbf9d179f9459fb567d2603060d126,
title = "Counsel and the Crown: History, Law and Politics in the Thought of David Chalmers of Ormond",
abstract = "In 1579, the Scottish jurist David Chalmers argued that remedies for the contemporary political troubles of his native country could be found in the study of law and history. His thinking in this regard was indebted to the French writer Jean Bodin. And yet while Chalmers was evidently familiar with Bodin's Les Six Livres de la Republique, he did not endorse all of the latter's more radical claims. In particular, he does not seem to have accepted that all law-making was dependent upon an exercise of sovereign will. In 1566 Chalmers had already argued that in Scotland the binding force of law could be attributed to that which local legal experts recognized to be just and rational on the basis of their learning. He developed this idea in 1579 to create an intriguing account of how both legal and historical learning could be used to shape Scottish laws and government.",
keywords = "David Chalmers of Ormond, History, Law , Politics",
author = "Simpson, {Andrew R. C.}",
year = "2015",
doi = "10.1080/01440365.2015.1007900",
language = "English",
volume = "36",
pages = "3--42",
journal = "Journal of Legal History",
issn = "0144-0365",
publisher = "Routledge",
number = "1",

}

TY - JOUR

T1 - Counsel and the Crown

T2 - History, Law and Politics in the Thought of David Chalmers of Ormond

AU - Simpson, Andrew R. C.

PY - 2015

Y1 - 2015

N2 - In 1579, the Scottish jurist David Chalmers argued that remedies for the contemporary political troubles of his native country could be found in the study of law and history. His thinking in this regard was indebted to the French writer Jean Bodin. And yet while Chalmers was evidently familiar with Bodin's Les Six Livres de la Republique, he did not endorse all of the latter's more radical claims. In particular, he does not seem to have accepted that all law-making was dependent upon an exercise of sovereign will. In 1566 Chalmers had already argued that in Scotland the binding force of law could be attributed to that which local legal experts recognized to be just and rational on the basis of their learning. He developed this idea in 1579 to create an intriguing account of how both legal and historical learning could be used to shape Scottish laws and government.

AB - In 1579, the Scottish jurist David Chalmers argued that remedies for the contemporary political troubles of his native country could be found in the study of law and history. His thinking in this regard was indebted to the French writer Jean Bodin. And yet while Chalmers was evidently familiar with Bodin's Les Six Livres de la Republique, he did not endorse all of the latter's more radical claims. In particular, he does not seem to have accepted that all law-making was dependent upon an exercise of sovereign will. In 1566 Chalmers had already argued that in Scotland the binding force of law could be attributed to that which local legal experts recognized to be just and rational on the basis of their learning. He developed this idea in 1579 to create an intriguing account of how both legal and historical learning could be used to shape Scottish laws and government.

KW - David Chalmers of Ormond

KW - History

KW - Law

KW - Politics

U2 - 10.1080/01440365.2015.1007900

DO - 10.1080/01440365.2015.1007900

M3 - Article

VL - 36

SP - 3

EP - 42

JO - Journal of Legal History

JF - Journal of Legal History

SN - 0144-0365

IS - 1

ER -