A Natural History of the Common Law

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Author: S. F. C. Milsom

Publisher: Columbia University Press

ISBN: 0231503490

Category: History

Page: 184

View: 8228

How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law—the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases—from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.

A Natural History of Rape

Biological Bases of Sexual Coercion

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Author: Randy Thornhill,Craig T. Palmer

Publisher: MIT Press

ISBN: 9780262700832

Category: Medical

Page: 272

View: 2814

A biologist and an anthropologist use evolutionary biology to explain the causes and inform the prevention of rape.

The Politics of the Common Law

Perspectives, Rights, Processes, Institutions

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Author: Adam Gearey,Wayne Morrison,Robert Jago

Publisher: Routledge

ISBN: 1135097879

Category: Law

Page: 376

View: 8135

The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.

The Oxford History of the Laws of England Volume II

871-1216

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Author: John Hamilton Baker

Publisher: Oxford University Press

ISBN: 019826030X

Category: History

Page: 956

View: 8501

By 1216 the foundations of the English common law had been laid. This book assesses the development of law and society during the preceeding three centuries, including the Norman Conquest of 1066. It analyses the great legacy of the Anglo-Saxon realm, the impact of Norman custom, and the energetic contribution of the twelfth-century kings.

The Oxford History of the Laws of England Volume II

871-1216

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Author: John Hudson

Publisher: OUP Oxford

ISBN: 0191630039

Category: Law

Page: 984

View: 534

This volume in the landmark Oxford History of the Laws of England series, spans three centuries that encompassed the tumultuous years of the Norman conquest, and during which the common law as we know it today began to emerge. The first full-length treatment of all aspects of the early development of the English common law in a century, featuring extensive research into the original sources that bring the era to life, and providing an interpretative account, a detailed subject analysis, and fascinating glimpses into medieval disputes. Starting with King Alfred (871-899), this book examines the particular contributions of the Anglo-Saxon period to the development of English law, including the development of a powerful machinery of royal government, significant aspects of a long-lasting court structure, and important elements of law relating to theft and violence. Until the reign of King Stephen (1135-54), these Anglo-Saxon contributions were maintained by the Norman rulers, whilst the Conquest of 1066 led to the development of key aspects of landholding that were to have a continuing effect on the emerging common law. The Angevin period saw the establishment of more routine royal administration of justice, closer links between central government and individuals in the localities, and growing bureaucratization. Finally, the later twelfth and earlier thirteenth century saw influential changes in legal expertise. The book concludes with the rebellion against King John in 1215 and the production of the Magna Carta. Laying out in exhaustive detail the origins of the English common law through the ninth to the early thirteenth centuries, this book will be essential reading for all legal historians and a vital work of reference for academics, students, and practitioners.

French Administrative Law and the Common-law World

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Author: Bernard Schwartz,Arthur T. Vanderbilt

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584777044

Category: History

Page: 367

View: 7865

Schwartz provides a masterly exposition of administrative law through a comparative study of the French droit administratif, arguably the most sophisticated Continental model. As Vanderbilt points out in his introduction, this is an important field that involves much more than administrative procedure. It deals directly with some of the most crucial issues of modern government regarding the distribution of power between governmental units, the resulting effect on the freedom of the individual and on the strength and stability of the state. Reprint of the sole edition. "[T]his book represents a significant achievement.... Unlike so many volumes that roll off the press these days, it fills a real need; and, though perhaps not the definitive work in English on the subject, it fills it extremely well." --Frederic S. Burin, Columbia Law Review 54 (1954) 1016 Bernard Schwartz [1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including The Code Napoleon and the Common-Law World (1956), the five-volume Commentary on the Constitution of the United States (1963-68), Constitutional Law: A Textbook (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).

Law, Liberty and the Constitution

A Brief History of the Common Law

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Author: Harry Potter

Publisher: Boydell & Brewer Ltd

ISBN: 178327011X

Category: Law

Page: 352

View: 6518

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.

Natural Law in Court

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Author: R. H. Helmholz

Publisher: Harvard University Press

ISBN: 0674504615

Category: Law

Page: 284

View: 4491

Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.

A Concise History of the Common Law

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Author: Theodore Frank Thomas Plucknett

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771372

Category: History

Page: 802

View: 3390

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.

Thinking Like a Lawyer

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Author: Frederick Schauer

Publisher: Harvard University Press

ISBN: 0674032705

Category: Law

Page: 239

View: 4616

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.

The Path of the Law

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Author: Oliver Wendell Holmes Jr.

Publisher: The Floating Press

ISBN: 1775410579

Category: Law

Page: 42

View: 6674

The Path of the Law is a short essay by Oliver Wendell Holmes, Jr., an American jurist who served on the Supreme Court of the United States from 1902 to 1932. A cornerstone of his jurisprudential philosophy was the prediction theory of law, believing the law should be defined specifically as a prediction of how the courts work. In The Path of the Law Holmes argues that a criminal isn't concerned about ethics or conceptions of natural law; they are concerned about avoiding punishment and jail. "The law", therefore, should be based on prediction of what will bring about punishment via the court system.

Common Law and Enlightenment in England, 1689-1750

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Author: Julia Rudolph

Publisher: Boydell Press

ISBN: 1843838044

Category: History

Page: 324

View: 2098

A study of how English legal culture, with its strong emphasis on common law, engaged with the new ideas of the Enlightenment.

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

From Antiquity to Modern Times

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Author: Paul Brand,Joshua Getzler

Publisher: Cambridge University Press

ISBN: 1107018978

Category: Law

Page: 349

View: 7358

Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.

A History of Water Rights at Common Law

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Author: Joshua Getzler

Publisher: Oxford University Press on Demand

ISBN: 9780198265818

Category: Law

Page: 396

View: 3054

This volume describes how the courts created rights for land owners and users competing to appropriate water for factories, town supply, drainage, and transport. It covers the period from early times to the late nineteenth century, illustrating the changing common law of property and tort, and throwing new light on the growth of the economy and the social and legal dimensions of technological innovation.Readership: Academics and post-graduate/advanced students in law and legal history. It will also have a readership in economic and social history and also the history of technology.

Aboriginal Societies and the Common Law

A History of Sovereignty, Status, and Self-determination

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Author: Paul G. McHugh

Publisher: Oxford University Press on Demand

ISBN: N.A

Category: Law

Page: 661

View: 3535

This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples from colonial foundation to the end of the Twentieth century. The historical basis of relations is described through the enduring, but constantly shifting questions of sovereignty, status and, more recently, self-determination.