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Lex, Rex, or the Law and the Prince: A Dispute for the Just Prerogative of King and People
 
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Lex, Rex, or the Law and the Prince: A Dispute for the Just Prerogative of King and People [Hardcover]

Samuel Rutherford (Author)
4.7 out of 5 stars  See all reviews (3 customer reviews)

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Book Description

0873779517 978-0873779517 December 1998
The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.
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The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification:
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Harvard Law School Library

ocm23849417

Pages [235]-283: De jure regni apud Scotos : a dialogue concerning the rights of the crown in Scotland / by George Buchanan ; translated into English by Robert Macfarlan.

Edinburgh : Robert Ogle and Oliver & Boyd, 1843. xxiv, 283 p. ; 25 cm.
--This text refers to the Paperback edition.

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Product Details

  • Hardcover
  • Publisher: Hess Pubns (December 1998)
  • Language: English
  • ISBN-10: 0873779517
  • ISBN-13: 978-0873779517
  • Product Dimensions: 8.7 x 5.8 x 1.1 inches
  • Shipping Weight: 1 pounds (View shipping rates and policies)
  • Average Customer Review: 4.7 out of 5 stars  See all reviews (3 customer reviews)
  • Amazon Best Sellers Rank: #579,959 in Books (See Top 100 in Books)

 

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92 of 92 people found the following review helpful:
4.0 out of 5 stars Challenging Classic will blow you away, March 17, 2000
By 
This review is from: Lex, Rex, or the Law and the Prince: A Dispute for the Just Prerogative of King and People (Hardcover)
In the 1600's, the world shattering issue was whether kings ruled by "divine right." Lex, Rex brilliantly and comprehensively demolishes the idea that rulers are above the law. This book figured prominently in moving the British to a civil war that resulted in a kingdom under law ... with the law emanating largely from the will of the people expressed through representatives in Parliament.

Old news? Ancient History? That's where you'll be surprised. In all ages we as citizens must face these crucial questions: Is our government legitimate? Does our government have moral authority to rule? Must we obey evil rulers and unjust laws?

The 20th Century featured the rise of totalitarian governments -- rulers with absolute power. These modern "kings" did not claim to rule in the name of God -- they claimed to rule in the name of "the people." Except that the people were routinely enslaved, oppressed and murdered by these rulers who answered to no one but themselves. The ideas in Lex, Rex still shine as beacons of self-government 350 years after the book's first publication.

Lex, Rex rigorously analyzes more arguments for divine right of kings than I ever knew existed. In the process of reading it, however, you find issues raised that bother us today: Is the ruler ever above the law? [Think of certain U.S. presidents and federal judges] Do the people have a right of self-defense against their own government? [Think of the Branch Davidians]

To be frank, Lex, Rex is rather difficult to read for a few reasons. First, it is written in the English of the mid 1600's. An Oxford dictionary is handy for a few of the words whose meanings have changed over the centuries. Don't worry, it's not "olde English" ... but there are a few challenges.

Second, the book constantly answers arguments made by others. You probably haven't read those other arguments, so you might not know exactly what the discussion is about. Rutherford was methodical and complete, however, and did provide at least short summaries for nearly every opposing argument. With persistence you can follow the discussion more easily as you progress.

Third, at least in the Sprinkle Publications 1982 reprint edition I have, the print is small and densely packed. Rutherford broke his arguments down into parts and numbered or lettered them, but the old-fashioned typesetting jams most of the text together as tightly as possible. A modern reprint could easily enlarge the type, add white space, and employ outline indents and spacing to make the logic easier to follow and the whole book easier to read. To ice the cake, a scholar could help readers by adding little footnotes or comments to explain unusual terms and translate into modern English the occasional passages currently printed in Hebrew, Greek and Latin.

How did Rutherford demolish the "divine right" of kings, and the kings' claim to absolute unquestionable power? By referring first and primarily to Old Testament Bible analysis. Jews and Christians especially will find fascinating analyses of Bible texts that show God's plan for individual liberty under a limited government. Keep a Bible handy while reading, so that you can fully grasp and explore Rutherford's logic.

Rutherford's other key sources of political understanding were Greek and Roman sources. There are footnotes to these references, although you have to understand the abbreviations he used if you want to check them out in a library.

Lex, Rex transports you into the world of classical political thinking informed by Judeo-Christian morality. You see the roots of modern Western political civilization being formed and applied in the cause of human freedom.

Here's a good way to enjoy the book. It is organized into 44 questions. Pick one of the questions that interests you, and read that chapter slowly. I found nuggets of insight in each one. I gained also an awe-filled respect for those thinkers and writers who marshaled so much solid reasoning ... in the face of the king's raw power ... and ultimately won for us a radically different world view -- individual rights and autonomy under the rule of law -- a world view we automatically assume and take for granted under the U.S. Constitution and Bill of Rights.

Get the book, at least for reference and the Biblical applications. Rutherford's bottom line: no ruler is above the law. Law comes from God's fixed fundamental precepts, and is implemented by government that rules with the citizens' general consent. When the government breaks the law, or operates outside of the bounds of citizens' consent, then the people may resist or abolish it.

A lesson for all humanity ... a warning to all would-be tyrants.

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13 of 14 people found the following review helpful:
5.0 out of 5 stars Biblical and historical reasons for armed resistance to tyrants, January 9, 2007
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This review is from: Lex, Rex, or the Law and the Prince: A Dispute for the Just Prerogative of King and People (Hardcover)
Excellent resource for those willing to think a little bit about the responsibility of citizens in a constitutional republic. Is written from the point of view of a monarchy, but with a bit of logical thought can be applied to the American form of government. As the citizens are the "authority"{under God} in this constitutional republic, the limits of power and consequences of usurpation was insightful. Most sheeple won't get it sadly.
Wayne
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5.0 out of 5 stars On Natural Law, July 12, 2011
By 
Scott Walker (Fort Atkinson, Wisconsin) - See all my reviews
(REAL NAME)   
Well educated 17th century man from Roxburghshir, Scotland, Samuel Rutherford, supported by the liberal use of Bible passages (the original Greek and Hebrew when necessary), delivers and exhaustive argument on Natural Law---that government, and our individual freedom is from God. Brilliant, sufficient to influence America's founding fathers. After its publishing the treatise caused considerable outrage to the point of deeming it treasonable. In it he sets down forty-four questions before delivering his arguments for each. I found it revealing where Rutherford issues charges against Catholic apostasies. Included at the end is the dialogue between George Buchanan of Scotland and Thomas Maitland concerning the rights of the crown of Scotland and the state of affairs in France.

Contemplate: All forms of government are from God, not of God. Is not then the "King" (high offices of gov.) a servant of God since God maketh the King? Therefore what then are the King's roles, powers, and relation to the people? Does Natural Law substantiate the need for a limited government? Which, if and when is the use of defensive force just?

The founders' believed Natural law to be the foundation to a just and righteous government. They were the first in modern times to really grasp and use it.

We (the faithful) began with God as our king but wanted to be like other nations--we were warned.

Wish you well
Scott
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