Author: Arthur Reed Hogue
Written for the beginning student as well as the experienced scholar, this introductory analysis of the origin and early development or the English common law provides and excellent grounding for the early study of legal history. Between 1154, when Henry II became king, and 1307, when Edward I died, the common law underwent spectacular growth. The author begins with a discussion of the relationship between the early rules of common law and the social order they serve during this period and concludes with an extended commentary on the durability and continued growth of the common law in modern times.
Author: Paul Brand
Publisher: Hambledon Pr
The history of the Common Law is not just a history of legal doctrine. It is also the history of the courts where that doctrine was shaped and of the lawyers, judges and clerks who ran the courts and made and applied legal rules in particular cases. This book, which brings together both published and unpublished essays, reflects this broader understanding of legal history. It complements the author's The Origins of the English Legal Profession. Paul Brand describes the early history of the legal profession in both England and Ireland and uncovers fresh evidence on the beginnings of professional education. He reevaluates the significance of major changes in the organisation of the English courts in Henry II's reign and the transformation of the English judiciary which took place during the second half of the thirteenth century, periods of key importance in the shaping of the English legal system. Other essays review the contribution made to legal literature by Ralph de Hengham, the best known royal judge of the reign of Edward I, and shed new light on the life and times of Thomas Weyland, 'chief justice and felon'. An essay on the twelfth-century origins of English land law provides a critical introduction to the work of S.F.C. Milsom for the non-specialist. Different mechanisms of legal change at work in the thirteenth century are examined in studies of the drafting of legislation, on the modification of Common Law remedies for unjust distraint of tenants by their lords and on the introduction of controls on alienations in mortmain.
Author: S. F. C. Milsom
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.
Coke, Hobbes, and the origins of American constitutionalism
Author: James Reist Stoner
Publisher: Univ Pr of Kansas
Author: Stroud Francis Charles Milsom
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
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.
Author: Peter Harris
Publisher: Cambridge University Press
This book was first published in 2006. Many common law countries inherited British income tax rules. Whether the inheritance was direct or indirect, the rationale and origins of some of the central rules seem almost lost in history. Commonly, they are simply explained as being of British origin without more, but even in Britain the origins of some of these rules are less than clear. This book traces the roots of the income tax and its precursors in Britain and in its former colonies to 1820. Harris focuses on four issues that are central to common law income taxes and which are of particular current relevance: the capital/revenue distinction, the taxation of corporations, taxation on both a source and residence basis, and the schedular approach to taxation. He uses an historical perspective to make observations about the future direction of income tax in the modern world.
From Thales to the Tudors
Author: Ellen Goodman
Publisher: Federation Press
Ellen Goodman uses extensive extracts from original writings to highlight the main themes of the Western legal tradition. The strength of the book is its clear focus on the heart of the tradition: constitutionalism, representative institutions and rule by law. Goodman links Christianity to its origins in Greek philosophy and Judaism. She delves into the position of the Roman Church as the tenuous, Dark Ages conduit. Feudalism lives and dies and the common law and parliament emerge. The author accurately and vividly charts the main currents, avoiding both the shoals and the myriad tributaries, and so enables readers to have a clearer and deeper understanding of our present legal system.
Author: R. C. Caenegem
Publisher: Cambridge University Press
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.
With 2010 Foreword and Explanatory Notes
Author: Oliver Wendell Holmes, Jr.,Steven Alan Childress
Publisher: Quid Pro Books
Decoded, demythed rendition of Holmes' classic study of law and judicial development of rules. "The life of the law has not been logic: it has been experience." Includes 2010 Foreword; extensive, clear annotations by a Tulane law professor woven into The Common Law; footnotes with real numbers; and original page cites. Care in detail, proofreading, notes, and formatting, unlike any version made. As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus law students, lawyers, and anyone wanting to understand his great book. No previous edition, even in print, has offered annotations. Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience, including historians, students, and political scientists. It is also a recommended read before law school or in the 1L year. High quality, fully linked ePub edition from Quid Pro's Legal Legends Series.
origins of the American experiment in concurrent jurisdiction
Author: Steven L. Snell
Publisher: Carolina Academic Pr
Courts of Admiralty and the Common Law examines the origins of American admiralty jurisdiction. Drawing from a vast array of primary sources, ranging from Roman law to English records of the medieval and early modern periods, the author traces the development of English admiralty practice that provided the legal heritage of the new American nation. The book provides details of how the English High Court of Admiralty and its civil-law practitioners became embroiled in the struggle between Crown and Parliament in the seventeenth century, losing much of their traditional jurisdiction to the courts of common law at a time when the American colonies were just beginning to establish specialized tribunals for hearing maritime cases. With maritime jurisdiction in flux in the mother country, the Americans were free to adopt ad hoc solutions to the problem of jurisdiction, creating a system in which both the colonial common-law courts and the newly established colonial vice admiralty courts had concurrent power to adjudicate a wide range of maritime claims.Courts of Admiralty and the Common Law also sheds fresh light on the origins of the federal judiciary, showing how the debate over maritime jurisdiction was instrumental both in shaping the language of Article III of the Constitution and later in determining the structure of the federal courts in the Judiciary Act of 1789. Building upon an assortment of materials from the Constitutional Convention, the states ratifying conventions, and other contemporary sources, the author explores the pivotal role that the debate over maritime jurisdiction played in determining the structure of the federal courts and explains the reasons underlying the first Congress decision to grant concurrent jurisdiction over some maritime cases to the states courts of common law.When the first Congress incorporated concurrent state/federal jurisdiction over several classes of maritime claims into the Judiciary Act of 1789, the author argues, it had not created a novel jurisdictional system, but merely had preserved the status quo established long ago in the colonial era. Congress had disregarded the dangers usually associated with two separate sets of courts interpreting the same body of substantive law, assuming that the lex maritima, as part of the law of nations, would be applied uniformly in both state and federal courts. Soon, however, both new technology, such as the introduction of steam power in maritime commerce, and changing views regarding the law of nations would challenge that assumption. As the original reasons for granting concurrent jurisdiction unraveled, American judges in the early nineteenth century sought to make overlapping jurisdiction work in a changing world. Courts of Admiralty and the Common Law concludes with an assessment of whether concurrent state/federal maritime jurisdiction continues to serve a practical purpose in the twenty-first century, examining how tensions between conflicting state and federal substantive rules may serve the greater interests of federalism and commerce.
Author: Maurizio Lupoi,Adrian Belton
Publisher: Cambridge University Press
This is the first translation into English of "Alle Radici del Mondo Giuridico Europeo" published in Italy in 1994, and named "The Law Book of the Year" in 1995. The book is a comprehensive reappraisal of thinking on the common structural features of the various European jurisdictions. Professor Lupoi argues the case for the existence of an earlier system of common law as far back as between the sixth and eleventh centuries. Based on various Germanic customs, this law was codified in Latin and survives in modified form in modern English common law.
The Mixed Jury and Changing Conceptions of Citizenship, Law, and Knowledge
Author: Marianne Constable
Publisher: University of Chicago Press
The Law of the Other is an account of the English doctrine of the "mixed jury". Constable's excavation of the historical, rhetorical, and theoretical foundations of modern law recasts our legal and sociological understandings of the American jury and our contemporary conceptions of law, citizenship, and truth. The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.
Implications for Contemporary Trans-Cultural Relations
Author: Nayef R.F. Al-Rodhan
Category: Political Science
This book takes a fascinating look at the role of the Arab-Islamic world in the rise of the West. It examines the cultural transmission of ideas and institutions in a number of key areas, including science, philosophy, humanism, law, finance, commerce, as well as the Arab-Islamic world's overall impact on the Reformation and the Renaissance.
Essays in Honour of Professor David Vaver
Author: Catherine Ng,Lionel Bently,Giuseppina D'Agostino
Publisher: Bloomsbury Publishing
This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.
Author: Ralph Turner
Publisher: A&C Black
This collection of essays brings together the author's work on th growth of administrative monarchy in Angevin England, concentrating upon the personnnel of royal government and especially upon the common law courts. It describes the institutions of the English common law during its formative period, including the growth of the jury and of the two central courts, Common Pleas at Westminster and the court following the king, later King's Bench. Another group of essays illustrate the justices' handling of cases coming before the law courts, examining please that touched the king's interest. After a discussion of the authorship of England's first great lawbook, Glanvill, other essays examine the justices, their level of literacy, the conflicts facing the clerics among them in hearing secular cases, and the hostility that they aroused as 'new men' in the king's service from conservative elements in society.
Author: A. Keith Thompson
Publisher: Martinus Nijhoff Publishers
Category: Political Science
Despite what most evidence law texts say, religious confession privilege does exist at common law. This book provides proof from both historical and common law materials with consequences even in jurisdictions where the privilege now exists in statutory form.
Lawyers, Books, and the Law
Author: John Hamilton Baker
Publisher: Burns & Oates
Legal history is not merely a history of particular events but also a history of traditions, intellectual and institutional. The Common Law Tradition is about the learned traditions which have shaped the common law and the English legal mind over the centuries: the profession, its structure, its technical language and its literature. J.H. Baker also looks at central institutions, such as the inns of court and chancery, and at local courts, which operated on the fringes of the common law, early conveyancing courses, the origins of law reporting and the first identifiable English year-book reporter. There is an account of the short-lived practice of reporting criminal cases at Newgate in the early fourteenth century and a suggestion that the spread of law reporting on the continent of Europe was begun by Englishmen serving in the fourteenth-century curia at Avignon. Legal history is not merely a history of particular events but also a history of traditions, intellectual and institutional. The Common Law Tradition is about the learned traditions which have shaped the common law and the English legal mind over the centuries: the profession, its structure, its technical language and its literature. J.H. Baker also looks at central institutions, such as the inns of court and chancery, and at local courts, which operated on the fringes of the common law, early conveyancing courses, the origins of law reporting and the first identifiable English year-book reporter. There is an account of the short-lived practice of reporting criminal cases at Newgate in the early fourteenth century and a suggestion that the spread of law reporting on the continent of Europe was begun by Englishmen serving in the fourteenth-century curia at Avignon.