Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a scientific journal listed in the international prestigious database SCOPUS. The journal is published by Charles University in Prague under the guarantee of the Department of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. The journal focuses on the field of legal history and related topics.
Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University.
PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish.
PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813.
PHS is an open journal and ensures open access to scientific data (Open Access). The entire content is released as open to the public on the web pages of the journal.
The journal is archived in Portico.
PRÁVNĚHISTORICKÉ STUDIE, Vol 49 No 1 (2019), 77–89
„The writs of assistance case“ na pozadí bouřlivé dekády 1761–1770 v anglických koloniích severní Ameriky
[“The writs of assistance case” on the Background of the Stormy Decade 1761–1770 in the English Colonies of the Northern America]
Radim Seltenreich
DOI: https://doi.org/10.14712/2464689X.2019.5
published online: 07. 08. 2019
abstract
The author deals in his article with the problematics of the “writ of the assistance case” in the year 1761 which was later labeled by the American president John Adams as the moment when the child of American independency was born. Firstly the author make us familiar with the legal aspects of this theme whereas mentions as well its statutory anchorage and practises. Further he goes over to the concrete representation of the Paxton’s case in which scope was the “writ of assistance case” heard. He emphasizes especially the argumentation of James Otis before the Supreme Court of Massachusetts who pleaded against the issuing of the “writs of assistance”. In the next section of his article the author deals with the constitutional aspects of the beginning rupture between the colonies and the mother country. In this connection make us again familiar with the argumentation of James Otis this time concerning the competency of the British Parliament towards the colonies. Further he deals as well with the phenomenom of the Grenville’s acts and the resistence against them (mainly the Stamp Act) as well as the discussions concerning internal and external taxes in the connection with the release of the Townshend’s acts whereas the fact that the colonies at the end don’t meant to accept any acts of the British Parliament led inevitably to the proclamation of the independency. In every case it was just “writ of assistance case” which at the end led to the release of till our days valid fourth amendment of the American federal constitution in the year 1791.
keywords: writ of assistance case; Stamp Act; fourth amendment
references (7)
1. <bez popisu>
2. BAKER, J. H. An Introduction to Englidh Legal History. London: Butterworths, 1990.
3. HALL, K. L. - WIECEK, W. M. - FINKELMAN, P. American Legal History (Cases and Materials). Oxford: Oxford University Press, 1991.
4. LUTZ, D. S. The Origins of American Constitutionalism. Baton Rouge: Louisiana State University Press, 1988.
5. PRESSER, S. B. - ZAINALDIN, J. S. Law and Jurisprudence in American History (Cases and Materials). St. Paul: West Publishing Company, 1989.
6. RAKOVÁ, S. Podivná revoluce (Dlouhá cesta Američanů k nezávislosti 1763-1783). Praha: Triton, 2005.
7. TINDALL, G. B. - SHI, D. E. Dějiny států - USA. Praha: Nakladatelství Lidové noviny, 1994.
„The writs of assistance case“ na pozadí bouřlivé dekády 1761–1770 v anglických koloniích severní Ameriky is licensed under a Creative Commons Attribution 4.0 International License.
240 x 170 mm
periodicity: 3 x per year
print price: 250 czk
ISSN: 0079-4929
E-ISSN: 2464-689X
