Maintenance in Medieval England

Author: Jonathan Rose
Publisher: Cambridge University Press
ISBN: 9781107043985
Release Date: 2017-06-22
Genre: History

Identifying for the first time the true nature of maintenance, this study uses primary sources to reach new findings on its lawfulness.

The Law of Evidence in Victorian England

Author: Christopher J. W. Allen
Publisher: Cambridge University Press
ISBN: 0521584183
Release Date: 1997-09-04
Genre: Law

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.

English Common Law in the Age of Mansfield

Author: James Oldham
Publisher: Univ of North Carolina Press
ISBN: 9780807864005
Release Date: 2005-12-15
Genre: Law

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.

An Introduction to English Legal History

Author: John Hamilton Baker
Publisher: Oxford University Press
ISBN: 0406930538
Release Date: 2002
Genre: Law

Written with students in mind, Baker: An Introduction to English Legal History provides an introduction to the common law and English legal culture through the dimension of history. It traces in outline, the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present.The introduction has become a standard work on the subject. It has now been updated and improved in consequence of the rapid pace of research in legal history over recent year, which has made this new edition a necessity.To assist the student further, this new edition has been fully cross-referenced to the relevant sources found in Baker & Milsom: Sources of English Legal History.

Laws Lawyers and Texts

Author: Susanne Jenks
Publisher: BRILL
ISBN: 9789004212480
Release Date: 2012-06-22
Genre: History

This book focuses on medieval legal history. The essays discuss the birth of the Common Law, the interaction between systems of law, the evolution of the legal profession, and the operation and procedures of the Common Law in England. All these factors will ensure a warm reception of the volume by a broad range of readers.

The Reinvention of Magna Carta 1216 1616

Author: John Baker
Publisher: Cambridge University Press
ISBN: 9781316949733
Release Date: 2017-01-26
Genre: Law

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.

Sir Henry Maine

Author: Raymond Cocks
Publisher: Cambridge University Press
ISBN: 0521524962
Release Date: 2004-07-08
Genre: History

A demonstration of the contemporary context and significance of Maine's approach to the law.

The Medieval Coroner

Author: R. F. Hunnisett
Publisher: Cambridge University Press
ISBN: 0521053501
Release Date: 1961-01-02
Genre: History

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.

A History of Water Rights at Common Law

Author: Joshua Getzler
Publisher: Oxford University Press on Demand
ISBN: 0198265816
Release Date: 2004
Genre: Law

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.

Aliens in Medieval Law

Author: Keechang Kim
Publisher: Cambridge University Press
ISBN: 0521800854
Release Date: 2000-12-07
Genre: History

Originally published in 2000, this original reinterpretation of the legal status of foreigners in medieval England boldly rejects the canonical view which has for centuries dominated the imagination of historians and laymen alike. Keechang Kim proposes an understanding of the genesis of the modern legal regime and the important distinction between citizens and non-citizens. Making full use of medieval and early modern sources, Kim offers a compelling argument that the late medieval changes in legal treatment of foreigners are vital to an understanding of the shift of focus from status to the State, and that the historical foundation of the modern state system should be sought in this shift of outlook. The book contains a re-evaluation of the legal aspects of feudalism, examining, in particular, how the feudal legal arguments were transformed by the political theology of the Middle Ages to become the basis of the modern legal outlook.

Insurance in Elizabethan England

Author: Guido Rossi
Publisher: Cambridge University Press
ISBN: 9781316425329
Release Date: 2016-12-15
Genre: Law

English insurance came into being almost entirely during the Elizabethan period. However, the Great Fire of 1666 consumed most of London's mercantile document, and therefore little is known about early English insurance. Using new archival material, this study provides the first in-depth analysis of early English insurance. It focuses on a crucial yet little-known text, the London Insurance Code of the early 1580s, and shows how London insurance customs were first imported from Italy, then influenced by the Dutch, and finally shaped in a systematic fashion in that Insurance Code. The London Insurance Code was in turn heavily influenced by coeval continental codes. This deep influence attests the strong links between English and European insurance, and questions the common/civil law divide on the history of commercial law.

A History of Tort Law 1900 1950

Author: Paul Mitchell
Publisher: Cambridge University Press
ISBN: 9780521768610
Release Date: 2015-01-01
Genre: Law

The first historical treatment of tort law in England during a formative period of its development.

English Law in the Age of the Black Death 1348 1381

Author: Robert C. Palmer
Publisher: Univ of North Carolina Press
ISBN: 9780807863749
Release Date: 2000-11-09
Genre: History

Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social needs for centuries thereafter. The Black Death killed one-third of the English population between 1348 and 1351. To preserve traditional society, the king's government aggressively implemented new punitive legal remedies as a mechanism for social control. This attempt to shore up traditional society in fact transformed it. English governance now legitimately extended to routine regulation of all workers, from shepherds to innkeepers, smiths, and doctors. The new cohesiveness of the ecclesiastical and lay upper orders, the increase in subject matter jurisdictions, the growth of the chancellor's court, and the acceptance of coercive contractual remedies made the Black Death in England a transformative experience for law and for governance. Palmer's book, based on all of the available legal records, establishes a genuinely new interpretation and chronology of these important legal changes.