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Lex Rex
''Lex, Rex'' is a book by the Scottish Presbyterian minister Samuel Rutherford. The book, written in English, was published in 1644 with the subtitle "The Law and the Prince". Published in response to Bishop John Maxwell's "Sacro-Sancta Regum Majestas", it was intended to be a comprehensive defence of the Scottish Presbyterian ideal in politics. The book defends the rule of law and the lawfulness of defensive wars (including pre-emptive wars) and advocates limited government and constitutionalism in politics and the "Two Kingdoms" theory of Church-State relations (which advocated distinct realms of church and state but opposed religious toleration). Rutherford's ''Lex, Rex'' utilizes arguments from Scripture, Natural Law and Scottish law, and along with the sixteenth century ''Vindiciae contra tyrannos'', it attacked royal absolutism and emphasized the importance of the covenant and the rule of law (by which Rutherford included Divine Law and Natural Law as well as positive ...
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Samuel Rutherford
Samuel Rutherford (also Rutherfurd or Rutherfoord; – 29 March 1661) was a Scottish Presbyterian pastor and theologian who wrote widely read letters, sermons, devotional and scholastic works. As a political theorist, he is known for "Lex, Rex: the Law and the Prince," a defense of constitutionalism and limited government against the supposed divine right of kings, and other works advocating separation of church and state and a divine right of presbyters (elders). He was one of the Scottish Commissioners to the Westminster Assembly. Life Samuel Rutherford was born in the parish of Nisbet (now part of Crailing), Roxburghshire, in the Scottish Borders, about 1600. Nothing certain is known as to his parentage, but he belonged to the same line as the Roxburghs of Hunthill (from whom Sir Walter Scott was descended) and his father is believed to have been a farmer or miller. A brother was school-master of Kirkcudbright, and was a Bible Reader there, and another brother was a ...
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Social Contract
In moral and political philosophy Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, ..., the social contract is a theory or model that originated during the Age of Enlightenment and usually, although not always, concerns the Legitimacy (political), legitimacy of the authority of the State (polity), state over the individual. Social contract arguments typically are that individuals have consent of the governed, consented, either explicitly or tacit consent, tacitly, to surrender some of their freedoms and submit to the authority (of the ruler, or to the decision of a majority) in exchange for protection of their remaining rights or maintenance of the social order. The relation between natural and legal rights is often a topic of social contract theory. The term takes its name from ' ...
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Portable Document Format
Portable Document Format (PDF), standardized as ISO 32000, is a file format developed by Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, hardware, and operating systems.Adobe Systems IncorporatedPDF Reference, Sixth edition, version 1.23 (53 MB) Nov 2006, p. 33. Archiv/ref> Based on the PostScript language, each PDF file encapsulates a complete description of a fixed-layout flat document, including the text, fonts, vector graphics, raster images and other information needed to display it. PDF has its roots in "The Camelot Project" initiated by Adobe co-founder John Warnock in 1991. PDF was standardized as ISO 32000 in 2008. The last edition as ISO 32000-2:2020 was published in December 2020. PDF files may contain a variety of content besides flat text and graphics including logical structuring elements, interactive elements such as annotations and form-fields, layers, rich media (including video conten ...
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Rule Of Man
Rule of man (where "man" is used in a genderless manner) is a type of ''personal rule'' in an unaccountable rebounded society where rules change from ruler to ruler. It is a society in which one person, regime, or a group of persons, rules arbitrarily. While rule of man can be explained as the absence of rule of law, this theoretical understanding results in a paradox. Realism dictates that man and law do not stand apart and that the rules of each are not opposites. Rather law depends deeply on a state composed of men. On the other hand, as a positive concept, the rule of man, "a man capable of ruling better than the best laws", was championed in ancient Greek philosophy and thinking as early as Plato. The debate between rule of man versus rule of law extends to Plato's student Aristotle, and to Confucius and the Legalists in Chinese philosophy. About Negative associations Rule of man is associated with numerous negative concepts such as tyranny, dictatorship and despotism ...
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Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ...
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Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ...
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Lex Animata
''Lex animata'' (the law animate) is a Latin term for the law being embodied in a living entity, usually the sovereign by the grace of God. In that sense a king could be ''lex animata'', a living, breathing law. The equivalent Greek term, used in the Byzantine Empire, is grc, νόμος ἔμψυχος, nómos émpsychos, label=none. Originating in Hellenistic philosophy, the identification of the Roman sovereign as ''nomos empsychos'' was established in law by the Byzantine emperor Justinian I in his ''Novellae Constitutiones'', and imported from there into Western civil law by the medieval glossators. Over time, the label was extended from the emperor to the various European kings. In some formulations, the argument went both ways: the king was law, but he could not do but as the law instructed. History The concept of ''nomos empsychos'' is typically considered to have originated in a Hellenistic theory of kingship, which developed after Alexander the Great in the 3rd–2nd ...
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Alexander Shields
Alexander Shields or Sheilds or Sheills (January 1661 – 1700) was a Scottish, Presbyterian, nonconformist minister, activist, and author. He was imprisoned in London, in Edinburgh and on the Bass Rock for holding private worship services. After his escape from prison he wrote ''A Hind Let Loose'' which amongst other things argues for the rights of people to resist tyrants including the bearing of arms and the resistance of taxes. It even argues that assassination, in extreme cases, is sometimes justified. Shields was one of the ministers who supported the Cameronians who disowned the king. They were brutally put down. All three of the Cameronian field-preachers, of which Shields was one, rejoined the church after the Revolution. Shields served as a chaplain to King William's armies in the Low Countries. Shields was later called to be a minister at St Andrews but did not stay there long as he joined the second Darien Expedition. After its failure he died on Jamaica under 40 yea ...
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John Locke
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of the first of the British Empiricism, empiricists, following the tradition of Francis Bacon, Locke is equally important to social contract theory. His work greatly affected the development of epistemology and political philosophy. His writings influenced Voltaire and Jean-Jacques Rousseau, and many Scottish Enlightenment thinkers, as well as the American Revolutionaries. His contributions to classical republicanism and liberal theory are reflected in the United States Declaration of Independence. Internationally, Locke’s political-legal principles continue to have a profound influence on the theory and practice of limited representative government and the protection of basic rights and freedoms under the rule of law. ...
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Covenant (historical)
In a historical context, a covenant applies to formal promises that were made under oath, or in less remote history, agreements in which the name actually uses the term 'covenant', implying that they were binding for all time. One of the earliest attested covenants between parties is the so-called Mitanni treaty, dating to the 14th or 15th century BC, between the Hittites and the Mitanni. Key elements of this type of Hittite international covenant treaty included a preamble identifying the king, a historical prologue that detail the monarch's deeds, the stipulated obligations of the vassal state, where the covenant would be stored, as well as an outline of the blessings if the document is obeyed and curses if the terms were broken. Historically, certain treaties and compacts have been given the name "covenant", notably the Solemn League and Covenant that marked the Covenanters, a Protestant political organization important in the history of Scotland. The term 'covenant' appears thr ...
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Bishop John Maxwell
John Maxwell (1591–1647), was a Protestant clergyman serving the Church of Scotland and Church of Ireland as Archbishop of Tuam. Early life He was born in 1591 the son of John Maxwell of Cavens, Kirkcudbrightshire, was born in or before 1586. He was educated at the University of St Andrews, where he graduated M. A. on 29 July 1611. Early career In 1615, he ordained as Church of Scotland minister of Mortlach, Banffshire. He translated in 1622 to High Kirk parish in St Giles in Edinburgh, where he successively held two of the four parishes contained within the church: High Kirk and Old Kirk. On 18 July 1622, he was elected by the town council to the charge of the New or High Church; on 14 December, he was elected by the town council to the second charge in the Old Church, or St Giles' Old Church, and admitted on 27 January 1626. He left in 1630 to take position as Bishop of Ross. Maxwell was able to achieve influence at court through his cousin, James Maxwell of In ...
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High Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In a civil war or ...
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