Author: James Oldham Publisher: Univ of North Carolina Press ISBN: 0807864005 Category : Law Languages : en Pages : 448
Book Description
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 ISBN: 0773589805 Category : Law Languages : en Pages : 561
Book Description
In the first modern biography of Lord Mansfield (1705-1793), Norman Poser details the turbulent political life of eighteenth-century Britain's most powerful judge, serving as chief justice for an unprecedented thirty-two years. His legal decisions launched England on the path to abolishing slavery and the slave trade, modernized commercial law in ways that helped establish Britain as the world's leading industrial and trading nation, and his vigorous opposition to the American colonists stoked Revolutionary fires. Although his father and brother were Jacobite rebels loyal to the deposed King James II, Mansfield was able to rise through English society to become a member of its ruling aristocracy and a confidential advisor to two kings. Poser sets Mansfield's rulings in historical context while delving into Mansfield's circle, which included poets (Alexander Pope described him as "his country's pride"), artists, actors, clergymen, noblemen and women, and politicians. Still celebrated for his application of common sense and moral values to the formal and complicated English common law system, Mansfield brought a practical and humanistic approach to the law. His decisions continue to influence the legal systems of Canada, Britain, and the United States to an extent unmatched by any judge of the past. An illuminating account of one of the greatest legal minds, Lord Mansfield presents a vibrant look at Britain's Age of Reason through one of its central figures.
Author: R. C. van Caenegem Publisher: Cambridge University Press ISBN: 9780521356824 Category : Law Languages : en Pages : 184
Book Description
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: James Oldham Publisher: ISBN: 9780807820520 Category : Law Languages : en Pages : 1686
Book Description
Using voluminous trial notes and previously unexplored documents, Oldham provides a reappraisal of the judicial career of Lord Mansfield, chief justice of the Court of King's Bench in England from 1756 to 1799. In this two-volume work, he presents important biographical information about Mansfield and brings to life the context, personalities, and operational features of the Court of King's Bench during the eighteenth century.
Author: Merkin, Rob Publisher: Edward Elgar Publishing ISBN: 1788116755 Category : Law Languages : en Pages : 1538
Book Description
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: Kirsten Sword Publisher: University of Chicago Press ISBN: 022675748X Category : History Languages : en Pages : 387
Book Description
"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 ISBN: 1316240002 Category : Law Languages : en Pages : 363
Book Description
The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.
Author: James Oldham
Author: Norman S. Poser
Author: Peter Joseph Hamilton
Author: R. C. van Caenegem
Author: James Oldham
Author: Sir William Searle Holdsworth
Author: Theodore Frank Thomas Plucknett
Author: Merkin, Rob
Author: Kirsten Sword
Author: Warren Swain