The Birth of the English Common Law

Author: R. C. Caenegem

Publisher: Cambridge University Press

ISBN: 9780521356824

Category: Law

Page: 160

View: 3273

First published in 1973, The Birth of the English Common Law has come to enjoy classic status. In a new preface, Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings. The book provides a challenging interpretation of the emergence of the Common Law in Anglo-Norman England, against the background of the general development of legal institutions in Europe.

Law, Liberty and the Constitution

A Brief History of the Common Law

Author: Harry Potter

Publisher: Boydell & Brewer Ltd

ISBN: 178327011X

Category: Law

Page: 352

View: 1886

A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.

Judges and Judging in the History of the Common Law and Civil Law

From Antiquity to Modern Times

Author: Paul Brand,Joshua Getzler

Publisher: Cambridge University Press

ISBN: 1139505572

Category: Law

Page: N.A

View: 9823

In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

The Formation of the English Common Law

Law and Society in England from King Alfred to Magna Carta

Author: John Hudson

Publisher: Routledge

ISBN: 1351669974

Category: History

Page: 234

View: 517

The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest. Containing a new chapter charting the Anglo-Saxon period, as well as a fully revised Further Reading section, this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law.

Roman Law and Common Law

A Comparison in Outline

Author: William Warwick Buckland,Arnold D. McNair

Publisher: CUP Archive

ISBN: N.A

Category: Common law

Page: 439

View: 4893

A Concise History of the Common Law

Author: Theodore Frank Thomas Plucknett

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771372

Category: History

Page: 802

View: 3093

Plucknett, Theodore F.T. A Concise History of the Common Law. Fifth Edition. Boston: Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067821. ISBN 1-58477-137-2. Cloth. $125. * "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate...Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law...In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." Percy H. Winfield. Harv. L. Rev. 43:339-340.

A Short History of European Law

The Last Two and a Half Millennia

Author: Tamar Herzog

Publisher: Harvard University Press

ISBN: 0674981758

Category: History

Page: 250

View: 9905

Tamar Herzog offers a road map to European law across 2,500 years that reveals underlying patterns and unexpected connections. By showing what European law was, where its iterations were found, who made and implemented it, and what the results were, she ties legal norms to their historical circumstances and reveals the law’s fragile malleability.

The Constitutional History of England

A Course of Lectures

Author: Frederic William Maitland

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771488

Category: History

Page: 547

View: 2580

Maitland, Frederic William. The Constitutional History of England. A Course of Lectures Delivered. Cambridge: Cambridge University Press, 1908. xxviii, 547 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-068895. ISBN 1-58477-148-8. Cloth. $95. * Although Maitland reportedly never desired these lectures to be published, they have long been regarded by scholars as among the best of introductions to the subject. They cover the period from 1066 to the end of the nineteenth century, but rather than a narrative historical format, focus on describing the work of the constitution during five distinct periods in English history (1307, 1509, 1625, 1702, 1887). The lectures were delivered in the winter of 1887 and spring of 1888, and provide an entry to some of the major concepts he later expounded on in his seminal work written with Sir Frederick Pollock, The History of English Law. This volume was compiled and edited two years after Maitland's death by one of his students, Herbert A.L. Fisher. Marke, A Catalogue of the Law Collection at New York University (1953) 367.

The Common Legal Past of Europe, 1000–1800

Author: Manlio Bellomo

Publisher: CUA Press

ISBN: 0813208149

Category: History

Page: 252

View: 7832

With a vigor and passion rarely found in a scholarly text, Manlio Bellomo has written a broad history of the western European legal tradition. It is now made available to an English-speaking audience in an elegant and lucid translation from the original Italian.

The Medieval Coroner

Author: R. F. Hunnisett

Publisher: Cambridge University Press

ISBN: 9780521053501

Category: History

Page: 217

View: 1727

The office of coroner was established in England in 1194; it has had an unbroken history, and has been exported to many countries, including the United States. At the zenith of his power, in the thirteenth and early fourteenth centuries, the coroner was concerned with many aspects of law and local administration, and with some of the most tragic and dramatic episodes of medieval life. Coroners - 'keepers of the pleas of the crown' - had to be knights or substantial landowners; they were required to hold inquests on victims of suicide or violent death, receive abjurations of the realm (ceremonial undertakings by felons in sanctuary to leave the country), hear appeals and confessions of felony, and legalise any exactions, outlawries or subsequent pardons. Their responsibilities included the arrest of suspects and the safeguarding of property subject to forfeit; the coroners' rolls contained the written records of many official proceedings.

Never at Rest

A Biography of Isaac Newton

Author: Richard S. Westfall

Publisher: Cambridge University Press

ISBN: 1107392799

Category: Technology & Engineering

Page: N.A

View: 2752

This richly detailed 1981 biography captures both the personal life and the scientific career of Isaac Newton, presenting a fully rounded picture of Newton the man, the scientist, the philosopher, the theologian, and the public figure. Professor Westfall treats all aspects of Newton's career, but his account centres on a full description of Newton's achievements in science. Thus the core of the work describes the development of the calculus, the experimentation that altered the direction of the science of optics, and especially the investigations in celestial dynamics that led to the law of universal gravitation.

The Law of Evidence in Victorian England

Author: Christopher J. W. Allen

Publisher: Cambridge University Press

ISBN: 9780521584180

Category: Law

Page: 205

View: 1051

In The Law of Evidence in Victorian England, which was originally published in 1997, Christopher Allen provides a fascinating account of the political, social and intellectual influences on the development of evidence law during the Victorian period. His book sets out to challenge the traditional view of the significance of Jeremy Bentham's critique of the state of contemporary evidence law, and shows how statutory reforms were achieved for reasons that had little to do with Bentham's radical programme, and how evidence law was developed by common law judges in a way diametrically opposed to that advocated by Bentham. Dr Allen's meticulous account provides a wealth of detail into the functioning of courts in Victorian England, and will appeal to everyone interested in the English legal system during this period.

Common Law, History, and Democracy in America, 1790–1900

Legal Thought before Modernism

Author: Kunal M. Parker

Publisher: Cambridge University Press

ISBN: 1139496360

Category: History

Page: N.A

View: 1635

This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.

Laws of Men and Laws of Nature

The History of Scientific Expert Testimony in England and America

Author: Tal GOLAN,Tal Golan

Publisher: Harvard University Press

ISBN: 0674037693

Category: History

Page: 336

View: 9701

A History of Law in Europe

From the Early Middle Ages to the Twentieth Century

Author: Antonio Padoa-Schioppa

Publisher: Cambridge University Press

ISBN: 1107180694

Category: History

Page: 820

View: 9403

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

The Reinvention of Magna Carta 1216–1616

Author: John Baker

Publisher: Cambridge University Press

ISBN: 1316949737

Category: Law

Page: N.A

View: 329

This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the 'Puritan' barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606–16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke's dismissal for defending too vigorously the liberty of the subject under the common law.

English Books and Readers 1603-1640

Being a Study in the History of the Book Trade in the Reigns of James I and Charles I

Author: H. S. Bennett

Publisher: Cambridge University Press

ISBN: 9780521379908

Category: Business & Economics

Page: 268

View: 1755

This third volume of English Books and Readers, first published in 1970, carries the story of the English book trade down to the eve of the Civil War. The author gives an account of the total output of books and pamphlets in the period, irrespective of their qualities as literature.