English Common Law In The Age Of Mansfield

Author : James Oldham
Publisher : Univ of North Carolina Press
Page : 448 pages
File Size : 47,5 Mb
Release : 2005-12-15
Category : Law
ISBN : 9780807864005

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English Common Law in the Age of Mansfield by James Oldham Pdf

In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

Author : Norman S. Poser
Publisher : McGill-Queen's Press - MQUP
Page : 561 pages
File Size : 43,6 Mb
Release : 2015-03-02
Category : Biography & Autobiography
ISBN : 9780773545328

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Lord Mansfield by Norman S. Poser Pdf

The life and times of the great eighteenth-century judge and statesman, whose legacy continues to influence Anglo-American law and society.

Author : R. C. van Caenegem
Publisher : Cambridge University Press
Page : 184 pages
File Size : 40,7 Mb
Release : 1988-11-24
Category : Law
ISBN : 0521356822

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The Birth of the English Common Law by R. C. van Caenegem Pdf

This 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. In a detailed discussion of the emergence of the central courts and the common law they administered, the author traces the rise of the writ system and the growth of the jury system in twelfth-century England. Professor van Caenegem attempts to explain why English law is so different from that on the Continent and why this divergence began in the twelfth century, arguing that chance and chronological accident played the major part and led to the paradox of a feudal law of continental origin becoming one of the most typical manifestations of English life and thought. First published in 1973, The Birth of the English Common Law has come to enjoy classical status, and in a preface Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings.

Author : Peter Joseph Hamilton
Publisher : Unknown
Page : 250 pages
File Size : 50,9 Mb
Release : 1922
Category : Civil law systems
ISBN : STANFORD:36105044402704

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The Origin and Growth of the Common Law in England and America by Peter Joseph Hamilton Pdf

Author : Sir William Searle Holdsworth
Publisher : CUP Archive
Page : 326 pages
File Size : 42,8 Mb
Release : 1938
Category : Electronic books
ISBN : 8210379456XXX

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Some Makers of English Law by Sir William Searle Holdsworth Pdf

Author : Merkin, Rob
Publisher : Edward Elgar Publishing
Page : 1538 pages
File Size : 47,7 Mb
Release : 2021-11-30
Category : Law
ISBN : 9781788116756

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Marine Insurance by Merkin, Rob Pdf

This authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day.

Author : Roscoe Pound
Publisher : Unknown
Page : 256 pages
File Size : 42,5 Mb
Release : 1921
Category : History
ISBN : STANFORD:36105044058654

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The Spirit of the Common Law by Roscoe Pound Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Kirsten Sword
Publisher : University of Chicago Press
Page : 387 pages
File Size : 52,5 Mb
Release : 2021-04-15
Category : History
ISBN : 9780226757483

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Wives Not Slaves by Kirsten Sword Pdf

"Is marriage a privilege or a right? A sacrament or a contract? Is it a public or a private matter? Where does ultimate jurisdiction over it lie? And when a marriage goes wrong, how do we adjudicate marital disputes-particularly in the usual circumstance, where men and women do not have equal access to power, justice, or even voice? These questions have long been with us because they defy easy, concrete answers. Kirsten Sword here reveals that contestation over such questions in early America drove debates over the roles and rights not only of women but of all unfree people. Sword shows how and why gendered hierarchies change-and why, frustratingly, they don't"--

Author : Warren Swain
Publisher : Cambridge University Press
Page : 363 pages
File Size : 55,8 Mb
Release : 2015-02-12
Category : Law
ISBN : 9781107040762

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The Law of Contract 1670–1870 by Warren Swain Pdf

This book considers the development of contract law doctrine in England from 1670 to 1870.

Author : Peter Rushton,Gwenda Morgan
Publisher : Bloomsbury Publishing
Page : 328 pages
File Size : 50,6 Mb
Release : 2020-07-23
Category : History
ISBN : 9781350005327

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Treason and Rebellion in the British Atlantic, 1685-1800 by Peter Rushton,Gwenda Morgan Pdf

This book examines internal political conflicts in the British Empire within the legal framework of treason and sedition. The threat of treason and rebellion pervaded the British Atlantic in the 17th and 18th centuries; Britain's control of its territories was continually threatened by rebellion and war, both at home and in North America. Even after American independence, Britain and its former colony continued to be fearful that opposition and revolution might follow the French example, and both took legal measures to control both speech and political action. This study places these conflicts within a political and legal framework of the laws of treason and sedition as they developed in the British Atlantic. The treason laws originated in the reign of Edward III, and were adapted and modified in the 16th and 17th centuries. They were exported to the colonies, where they underwent both adaptation and elaboration in application in the slave societies as well as those dominated by free settlers. Relationships with natives and European rivals in the Americas affected the definitions of treason in practice, and the divided loyalties of the American revolutionary war added further problems of defining loyalty and treachery. Treason and Rebellion in the British Atlantic, 1685-1800 offers a new study of treason and sedition in the period by placing them in a truly transatlantic perspective, making it a valuable study for those interested in the legal and political of Britain's empire and 18th-century revolutions.

Author : Lee B. Wilson
Publisher : Cambridge University Press
Page : 289 pages
File Size : 40,6 Mb
Release : 2021-07-22
Category : History
ISBN : 9781108495257

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Bonds of Empire by Lee B. Wilson Pdf

Bonds of Empire reveals how English law facilitated the expansion of slavery in British America. Moving beyond an examination of criminal law, the book suggests that plantation slavery and the laws that governed it were not beyond the pale of English imperial legal history.

Author : William Cornish,Stephen Banks,Charles Mitchell,Paul Mitchell,Rebecca Probert
Publisher : Bloomsbury Publishing
Page : 672 pages
File Size : 53,9 Mb
Release : 2019-10-31
Category : Law
ISBN : 9781509931255

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Law and Society in England 1750-1950 by William Cornish,Stephen Banks,Charles Mitchell,Paul Mitchell,Rebecca Probert Pdf

Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.

Author : Matthew Crow
Publisher : Cambridge University Press
Page : 295 pages
File Size : 51,7 Mb
Release : 2017-03-17
Category : History
ISBN : 9781107161931

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Thomas Jefferson, Legal History, and the Art of Recollection by Matthew Crow Pdf

Through his discussion of Thomas Jefferson, historian Matthew Crow offers a new perspective on constitutional transformation in early American history.

Author : Neil Andrews
Publisher : Cambridge University Press
Page : 797 pages
File Size : 47,8 Mb
Release : 2011-05-26
Category : Law
ISBN : 9781139504089

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Contract Law by Neil Andrews Pdf

This textbook takes a fresh approach to contract law; as a first edition it reflects the subject in the 21st century more accurately than other texts. Comprehensive and scholarly, it maps the curriculum perfectly but detailed references and further reading sections encourage students to explore the subject further. Understanding is paramount and chapter introductions clearly guide students through the material. The textbook takes an innovative approach to case law: breaking down and discussing individual elements of a case and selecting short key extracts it gives students the tools to read cases independently and with confidence. An examination of the historical and theoretical foundations of the subject and a concluding chapter tracking emerging fields ensure the broadest possible perspective. Discussion of key recent cases such as Durham Tess Valley Airport (2010) and Chartbrook (2009) make this important new text a must for contract law students.

Author : C Mitchell,Paul Mitchell
Publisher : Bloomsbury Publishing
Page : 269 pages
File Size : 53,5 Mb
Release : 2006-04-18
Category : Law
ISBN : 9781847316950

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Landmark Cases in the Law of Restitution by C Mitchell,Paul Mitchell Pdf

It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.