
Sign up to save your podcasts
Or


'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions.
In The King Can Do No Wrong: Constitutional Fundamentals, Common Law History, and Crown Liability (Oxford University Press, 2024), the first dedicated monograph on the topic, Dr. Marie-France Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized.
Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world.
This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.
Learn more about your ad choices. Visit megaphone.fm/adchoices
Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
By New Books Network4.1
1515 ratings
'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions.
In The King Can Do No Wrong: Constitutional Fundamentals, Common Law History, and Crown Liability (Oxford University Press, 2024), the first dedicated monograph on the topic, Dr. Marie-France Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized.
Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world.
This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.
Learn more about your ad choices. Visit megaphone.fm/adchoices
Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

292 Listeners

3,528 Listeners

1,891 Listeners

112 Listeners

210 Listeners

161 Listeners

146 Listeners

62 Listeners

30 Listeners

184 Listeners

163 Listeners

23 Listeners

103 Listeners

60 Listeners

1,118 Listeners

417 Listeners

318 Listeners

6,295 Listeners

87,554 Listeners

112,617 Listeners

16,241 Listeners

5,769 Listeners

14,664 Listeners

16,056 Listeners

441 Listeners