The Cambridge History of Rights, Volume 3: The Sixteenth and Seventeenth Centuries
The Cambridge History of Rights, Volume 3: The Sixteenth and Seventeenth Centuries

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The Cambridge History of Rights, Volume 3: The Sixteenth and Seventeenth Centuries

Edited by Andrew Fitzmaurice · Rachel Hammersley
Cambridge University Press January 2026

Specifications

ISBN-13
9781108837323
Publisher
Cambridge University Press
Publication
January 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

In the sixteenth and seventeenth centuries, contemporary authors explored the myriad ways in which the concept of rights could be understood, but almost always arrived at the same conclusion: it was vital that rights should never be conflated with power. Through twenty-six expertly written essays, volume three of The Cambridge History of Rights focuses on the language of rights, exploring its use in contexts as diverse as the English family, trading relations and Asian powers. This was a period in which rights came to the forefront of political discourse, making it crucial to the longer history of rights reflected in this series.

By foregrounding the idea of rights in action, the volume considers the relationship between the ways in which rights were articulated – by individuals, institutions and states – and how they were enacted in practice. In doing so, it uncovers the complexities inherent in the development of the language of rights during this formative period.

Table of Contents

Introduction
Andrew Fitzmaurice and Rachel Hammersley
1. Roman law: the science of right
Daniel Lee
2. Natural rights Mads
Langballe Jensen
3. Historic rights in sixteenth-century France
Sophie Nicholls
4. Common law rights
Alan Cromartie
5. The rights of states to self-preservation
Simone Zurbuchen
6. The Right of natural persons to self-preservation
Rosemarie Wagner
7. Divine right in early modern political thought
Cesare Cuttica
8. The right to punish
Signey Gutnick Allen
9. The rights of war and peace
Peter Schröder
10. The right of navigation: claiming and challenging the free sea in theory and practice
Arthur Westeijn
11. The right to trade, 1500 –1700
Mark Somos
12. The right to property
Andrew Fitzmaurice
13. Fair trials in law: imagining the rights of the accused
Paul D. Halliday
14. Freedom of religion
Stefania Tutino
15. The right of resistance
Kajo Kubala
16. The Right to Political participation and representation
Markku Peltonen
17. Rights and power in early modern feminism
Hannah Dawson
18. Gender and rights
Anna Becker
19. The rights of women
Sharon Achinstein
20. The rights of the insane
Angus Gowland
21. The rights of asylum
Gaby Mahlberg
22. The rights of peoples in Spain and its empire
Tamar Herzog
23. The rights of people in the English empire
Ken Macmillan
24. Rights in the seventeenth-century French empire
Saliha Belmessous
25. Rights, authority, and autonomy: the VOC in seventeenth century Southeast Asia
Peter Borschberg
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