Download or read book Why the History of English Law Has Not Been Finished written by John Hamilton Baker and published by Cambridge University Press. This book was released on 1999-06-03 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative challenge to an entirely case-law based view of legal history.
Download or read book Why the History of English Law is Not Written written by Frederic William Maitland and published by Library of Alexandria. This book was released on 2020-09-28 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our patience of centennial celebrations has been somewhat severely tasked this year, nevertheless it may be allowed me to remind you that next year will see the seven-hundredth birthday of English legal memory. The doctrine that our memory goes back to the coronation of Richard I. and no further is of course a highly technical doctrine, the outcome of a statute of limitation, capricious as all such statutes must be; still in a certain sense it is curiously true. If we must fix a date at which English law becomes articulate, begins to speak to us clearly and continuously, the 3rd of September 1189 is perhaps the best date that we can choose. The writer whom we call Glanvill had just finished the first textbook that would become a permanent classic for English lawyers; some clerk was just going to write the earliest plea-roll that would come to our hands; in a superb series of such rolls law was beginning to have a continuous written memory, a memory that we can still take in our hands and handle. I would not for one moment speak slightingly of the memorials of an earlier time, only I would lay stress on the fact that before the end of the twelfth century our law is becoming very clear and well attested. When another century has gone by and we are in Edward I.'s reign the materials for legal history, materials of the most authoritative and authentic kind, are already an overwhelming mass; perhaps no one man will ever read them all. We might know the law of Edward's time in very minute detail; the more we know the less ready shall we be to say that there is anything unknowable. The practical limit set to our knowledge is not set by any lack of evidence, it is the limit of our leisure, our strength, our studiousness, our curiosity. Seven hundred years of judicial records, six hundred years of law reports; think how long a time seven centuries would be in the history of Roman Law.
Download or read book Why the History of English Law Is Not Written An Inaugural Lecture Delivered in the Arts School at Cambridge On 13Th October 1888 written by Frederic William Maitland and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why the History of English Law is Not Written is a thought-provoking lecture by Frederic William Maitland, one of the most prominent legal historians of the late 19th century. In this lecture, Maitland questions why there has been so little attention paid to the history of English law, despite its importance for understanding the legal system not only of England but also of the United States and other common-law countries. This book is a must-read for anyone interested in legal history or the history of English common law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Time History and Political Thought written by John Robertson and published by Cambridge University Press. This book was released on 2023-06-22 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the multiple ways in which different conceptions of time and history have been used to understand politics since late antiquity, showing that no conception of politics has dispensed altogether with time, and many have explicitly sought legitimacy in association with forms of history.
Download or read book A Legal History for Australia written by Sarah McKibbin and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a contemporary legal history book for Australian law students, written in an engaging style and rich with learning features and illustrations. The writers are a unique combination of talents, bringing together their fields of research and teaching in Australian history, British constitutional history and modern Australian law. The first part provides the social and political contexts for legal history in medieval and early modern England and America, explaining the English law which came to Australia in 1788. This includes: The origins of the common law The growth of the legal profession The making of the Magna Carta The English Civil Wars The Bill of Rights The American War of Independence. The second part examines the development of the law in Australia to the present day, including: The English criminal justice system and convict transportation The role of the Privy Council in 19th century Indigenous Australia in the colonial period The federation movement Constitutional Independence The 1967 Australian referendum and the land rights movement. The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points. The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke's reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism. A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced and is supported by a companion website: https://www.bloomsburyonlineresources.com/a-legal-history-for-australia
Download or read book Researching Public Law in Common Law Systems written by Paul Daly and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law; a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research.
Download or read book Collected Papers on English Legal History written by John Baker and published by Cambridge University Press. This book was released on 2013-10-31 with total page 1908 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years, Sir John Baker has written on most aspects of English legal history, and this collection of his writings includes many papers that have been widely cited. Providing points of reference and foundations for further research, the papers cover the legal profession, the inns of court and chancery, legal education, legal institutions, legal literature, legal antiquities, public law and individual liberty, criminal justice, private law (including contract, tort and restitution) and legal history in general. An introduction traces the development of some of the research represented by the papers, and cross-references and new endnotes have been added. A full bibliography of the author's works is also included.
Download or read book Religion Law and Society written by Russell Sandberg and published by Cambridge University Press. This book was released on 2014-05-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Issues concerning religion in the public sphere are rarely far from the headlines. As a result, scholars have paid increasing attention to religion. These scholars, however, have generally stayed within the confines of their own respective disciplines. To date there has been little contact between lawyers and sociologists. Religion, Law and Society explores whether, how and why law and religion should interact with the sociology of religion. It examines sociological and legal materials concerning religion in order to find out what lawyers and sociologists can learn from each other. A groundbreaking, provocative and thought-provoking book, it is essential reading for lawyers, sociologists and all who are interested in the relationship between religion, law and society in the twenty-first century.
Download or read book Law and Legal Process written by Matthew Dyson and published by Cambridge University Press. This book was released on 2013-07-25 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers from the Twentieth British Legal History Conference explores the relationship between substantive law and the way in which it actually worked. Instead of looking at what the courts said they were doing, it is concerned more with the reality of what was happening. To that end, the authors use a wide range of sources, from court records to merchants' diaries and lawyers' letters. The way in which the sources are used reflects the possibilities of legal historical research which are opening up in the twenty-first century, as large databases and digitised images – and even online auction sites – make it a practical possibility to do work at a level which was almost unthinkable only a short time ago.
Download or read book Sanctity of Contracts in a Secular Age written by Stephen Waddams and published by Cambridge University Press. This book was released on 2019-03-21 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strict enforcement of unreasonable contracts can produce outrageous consequences. Courts of justice should have the means of avoiding them.
Download or read book Why the History of English Law is Not Written written by Frederic William Maitland and published by . This book was released on 1888 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul A. Brand and published by Cambridge University Press. This book was released on 2012-01-12 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.
Download or read book Officers and Accountability in Medieval England 1170 1300 written by John Sabapathy and published by Oxford University Press. This book was released on 2019-09-13 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The later twelfth and thirteenth centuries were a pivotal period for the development of European government and governance. A mentality emerged that trusted to procedures of accountability as a means of controlling officers' conduct. The mentality was not inherently new, but it became qualitatively more complex and quantitatively more widespread in this period, across European countries, and across different sorts of officer. The officers exposed to these methods were not just 'state' ones, but also seignorial, ecclasistical, and university-college officers, as well as urban-communal ones. This study surveys these officers and the practices used to regulate them in England. It places them not only within a British context but also a wide European one and explores how administration, law, politics, and norms tried to control the insolence of office. The devices for institutionalising accountability analysed here reflected an extraordinarily creative response in England, and beyond, to the problem of complex government: inquests, audits, accounts, scrutiny panels, sindication. Many of them have shaped the way in which we think about accountability today. Some remain with us. So too do their practical problems. How can one delegate control effectively? How does accountability relate to responsibility? What relationship does accountability have with justice? This study offers answers for these questions in the Middle Ages, and is the first of its kind dedicated to an examination of this important topic in this period.
Download or read book Critical Legal Education as a Subversive Activity written by Helen Gibbon and published by Taylor & Francis. This book was released on 2015-10-16 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an age when everyone aspires to teach critical thinking skills in the classroom, what does it mean to be a subversive law teacher? Who or what might a subversive law teacher seek to subvert – the authority of the law, the university, their own authority as teachers, perhaps? Are law students ripe for subversion, agents of, or impediments to, subversion? Do they learn to ask critical questions? Responding to the provocation in the classic book Teaching as a Subversive Activity, by Postman and Weingartner, the idea that teaching could, or even should, be subversive still holds true today, and its premise is particularly relevant in the context of legal education. We therefore draw on this classic book to discuss, in the present volume, the consideration of research into legal education as lifetime learning, as creating meaning, as transformative and as developing world-changing thinking within the legal context. The volume offers research into classroom experiences and theoretical and historical interrogations of what it means to teach law subversively. Primarily aimed at legal educators and doctoral students in law planning careers as academics, its insights speak directly to tensions in higher education more broadly.
Download or read book The Origins of Modern Financial Crime written by Sarah Wilson and published by Routledge. This book was released on 2014-06-05 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent global financial crisis has been characterised as a turning point in the way we respond to financial crime. Focusing on this change and ‘crime in the commercial sphere’, this text considers the legal and economic dimensions of financial crime and its significance in societal consciousness in twenty-first century Britain. Considering how strongly criminal enforcement specifically features in identifying the post-crisis years as a ‘turning point’, it argues that nineteenth-century encounters with financial crime were transformative for contemporary British societal perceptions of ‘crime’ and its perpetrators, and have lasting resonance for legal responses and societal reactions today. The analysis in this text focuses primarily on how Victorian society perceived and responded to crime and its perpetrators, with its reactions to financial crime specifically couched within this. It is proposed that examining how financial misconduct became recognised as crime during Victorian times makes this an important contribution to nineteenth-century history. Beyond this, the analysis underlines that a historical perspective is essential for comprehending current issues raised by the ‘fight’ against financial crime, represented and analysed in law and criminology as matters of enormous intellectual and practical significance, even helping to illuminate the benefits and potential pitfalls which can be encountered in current moves for extending the reach of criminal liability for financial misconduct. Sarah Wilson’s text on this highly topical issue will be essential reading for criminologists, legal scholars and historians alike. It will also be of great interest to the general reader. The Origins of Modern Financial Crime was short-listed for the Wadsworth Prize 2015.
Download or read book Comparative Law in the Courtroom and Classroom written by Basil S Markesinis and published by Bloomsbury Publishing. This book was released on 2003-03-20 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an original, deliberately controversial and, at times, disturbing appraisal of the state of comparative law at the beginning of the 21st century: its weaknesses, its strengths, and its protagonists (most of whom were personally known to the author) during the preceding thirty-five years. It is also a reminder of the unique opportunities the subject has in our shrinking world. The author brings to bear his experience of thirty-five years as a teacher of the subject to criticise the impact the long association with Roman law has had on the orientation and well being of his subject. With equal force, he also warns against some modern trends linking it with variations of the critical legal studies movement, and urges the study of foreign law in a way that can make it more attractive to practitioners and more usable by judges. At the end of the day, this monograph represents a passionate call for greater intellectual co-operation and offers one way of achieving it. A co-operation between practitioners and academics on the one hand and between Common and (modern) Civilian lawyers on the other, in an attempt to save the subject from the marginalisation it suffered in the 1980s and from which the globalisation movement of the 21st century may be about to deliver it.
Download or read book Welfare s Forgotten Past written by Lorie Charlesworth and published by Routledge. This book was released on 2009-12-16 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: That ‘poor law was law’ is a fact that has slipped from the consciousness of historians of welfare in England and Wales, and in North America. Welfare's Forgotten Past remedies this situation by tracing the history of the legal right of the settled poor to relief when destitute. Poor law was not simply local custom, but consisted of legal rights, duties and obligations that went beyond social altruism. This legal ‘truth’ is, however, still ignored or rejected by some historians, and thus ‘lost’ to social welfare policy-makers. This forgetting or minimising of a legal, enforceable right to relief has not only led to a misunderstanding of welfare’s past; it has also contributed to the stigmatisation of poverty, and the emergence and persistence of the idea that its relief is a 'gift' from the state. Documenting the history and the effects of this forgetting, whilst also providing a ‘legal’ history of welfare, Lorie Charlesworth argues that it is timely for social policy-makers and reformists – in Britain, the United States and elsewhere – to reconsider an alternative welfare model, based on the more positive, legal aspects of welfare’s 400-year legal history.
