Search results for: historical-foundations-of-the-common-law

Historical Foundations of the Common Law

Author : S. F. C. Milsom
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Historical Foundations of the Common Law provides a general overview of the development of the common law. The book is comprised of 14 chapters that are organized into four parts. The first part deals with the institutional background and covers the centralization of justice; the institutions of the common law; and the rise of equity. The second part deals with land properties, while the third part talks about legal obligations. The last part details criminal administration and law. The text will be of great use to individuals who have an interest in the development of the common law.

Historical Foundations of the Common Law

Author : Stroud Francis Charles Milsom
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Foundations of Civil Liability in the Common Law Supplement

Author : Benjamin Geva
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Historical Foundations of the Common Law

Author : Stroud Francis Charles Milsom
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A Natural History of the Common Law

Author : Stroud Francis Charles Milsom
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How does law come to be stated as substantive rules, and then how does it change? One of Britain's most acclaimed legal historians 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.

English Common Law in the Age of Mansfield

Author : James Oldham
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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.

The Judge in a Democracy

Author : Aharon Barak
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Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

The Formation of English Common Law

Author : John Hudson
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During the Anglo-Norman period a concept of law developed, binding ruler and ruled alike and which was based on custom common throughout the country. This was Common Law and it was from this that subsequent law developed. John Hudson's text is an introductory survey of Common Law for students and other non-specialist readers. Certain aspects of medieval law such as its feuds, its ordeals and its outlaws are well known, this text shows how these aspects fitted in to the system as a whole, considers its Anglo-Saxon origins, the influence of the Norman invaders and later administrative reforms. The events and legal processes also throw light on the society, politics and thought of the times.

The Historical Foundations of the Law Relating to Trade marks

Author : Frank Isaac Schechter
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Schechter, Frank I. The Historical Foundations of the Law Relating to Trade-Marks. New York: Columbia University Press, 1925. xxviii, 211 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-41673. ISBN-13: 978-1-58477-035-0. ISBN-10: 1-58477-035-X. Cloth. New. $65.* What is the exact nature of the nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. Includes table of cases and statutes, bibliography. Considered to be "...invaluable for starting scholarly research." Marke, A Catalogue of the Law Collection of New York University (1953) 869.

Thinking Like a Lawyer

Author : Frederick Schauer
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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.

A Historical Introduction to the Law of Obligations

Author : David J. Ibbetson
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This work traces the history of the English Law of obligations from the twelfth century to the present day. It aims to cut through technicalities and to be comprehensible to readers other than specialist legal historians. It should be of interest to all those wanting to understand how the English Common law has revolved.

Law and Kinship in Thirteenth century England

Author : Sam Worby
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First comprehensive survey of how kinship rules were discussed and applied in medieval England.

The Historical Foundations of World Order

Author : Douglas M. Johnston
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In The Historical Foundations of World Order: the Tower and the Arena, Douglas M. Johnston has drawn on a 45 year career as one of the world s most prolific academics in the development of international law and public policy and 5 years of exhaustive research to produce a comprehensive and highly nuanced examination of the historical precursors, intellectual developments, and philosophical frameworks that have guided the progress of world order through recorded history and across the globe, from pre-classical antiquity to the present day. By illuminating the personalities and identifying the controversies behind the great advancements in international legal thought and weaving this into the context of more conventionally known history, Johnston presents a unique understanding of how peoples and nations have sought regularity, justice and order across the ages. This book will appeal to a wide spectrum of readers, from lawyers interested in the historical background of familiar concepts, to curriculum developers for law schools and history faculties, to general interest readers wanting a wider perspective on the history of civilization.Winner 2009 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship

The Common Peace

Author : Cynthia B. Herrup
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The Common Peace traces the attitudes behind the enforcement of the criminal law in early modern England. Focusing on five stages in prosecution (arrest, bail, indictment, conviction and sentencing), the book uses a variety of types of sources - court records, biographical information, state papers, legal commentaries, popular and didactic literature - to reconstruct who actually enforced the criminal law and what values they brought to its enforcement. A close study of the courts in eastern Sussex between 1592 and 1640 allows Dr Herrup to show that an amorphous collection of modest property holders participated actively in the legal process. These yeomen and husbandmen who appeared as victims, constables, witnesses and jurors were as important to the credibility of the law as were the justices and judges. The uses of the law embodied the ideas of these middling men about not only law and order but also religion and good government. By arguing that legal administration was part of the routine agenda of obligation for middling property holders, Dr Herrup shows how the expectations produced by legal activities are important for understanding the decades immediately before the outbreak of the English Civil War. As the first book to use early seventeenth-century legal records outside of Essex, The Common Peace adopts an explicitly comparative framework, attempting to trace the ways that social conditions influenced legal process as well as law enforcement in various counties. By blending social history, legal history and political history, this volume offers a complement to more conventional studies of legal records and of local government.

New Perspectives in Scottish Legal History

Author : A. K. R Kiralfy
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First published in 1984. Routledge is an imprint of Taylor & Francis, an informa company.

The Sale of Goods

Author : Michael G. Bridge
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This book is a systematic analysis of the modern English law of domestic sale of goods, covering in detail the following aspects of sale of goods contracts: * formation and definitions * passing of property and risk * mistake and frustration * contents of the contract and implied terms * delivery and payment * termination for breach * exclusion clauses * remedies and transfer of title. Full treatment is given to proprietary matters and the significant reforms which have taken place in recent years including the Sale and Supply of Goods Act 1994, and the Sale of Goods (Amendment) Act 1995. The general law of contract is dealt with as it affects the special contract of sale, but export sales materials are treated only to the extent that they illustrate delivery and payment. The paperback edition also includes a new preface designed for the student reader, covering recent developments in the sale of goods. This thorough and comprehensive book will be a valuable resource for students of commercial law as well as academics and practitioners working in the area.

Literary Character

Author : Elizabeth Fowler
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"Drawing on central texts of medieval and early modern England, Fowler demonstrates that literary characters are created by assembling social persons from throughout culture. Her perspective allows her to offer strikingly original readings of works by Chaucer, Langland, Skelton, and Spenser, and to reformulate and resolve several classic interpretive problems. In so doing, she reframes accepted notions of the process and the consequences of reading." "Developing insights from law, theology, economic thought, and political philosophy, Fowler's book replaces the traditional view of characters as autonomous individuals with an interpretive approach in which each character is seen as a battle of many archetypes."

The New Cambridge Bibliography of English Literature Volume 1 600 1660

Author : George Watson
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More than fifty specialists have contributed to this new edition of volume 1 of The Cambridge Bibliography of English Literature. The design of the original work has established itself so firmly as a workable solution to the immense problems of analysis, articulation and coordination that it has been retained in all its essentials for the new edition. The task of the new contributors has been to revise and integrate the lists of 1940 and 1957, to add materials of the following decade, to correct and refine the bibliographical details already available, and to re-shape the whole according to a new series of conventions devised to give greater clarity and consistency to the entries.

A Concise History of the Common Law

Author : Theodore Frank Thomas Plucknett
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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.

The Law of Real Property

Author : Robert Megarry
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Megarry and Wade : The Law of Real Property