Download or read book Lawyers Litigation English Society Since 1450 written by Christopher Brooks and published by Bloomsbury Publishing. This book was released on 1998-07-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal history has usually been written in terms of writs and legislation, and the development of legal doctrine. Christopher Brooks, in this series of essays roughly half of which are previously unpublished, approaches the law from two different angles: the uses made of courts and the fluctuations in the fortunes of the legal profession. Based on extensive original research, his work has helped to redefine the parameters of British legal history, away from procedural development and the refinement of legal doctrine and towards the real impact that the law had in society. He also places the law into a wider social and political context, showing how changes in the law often reflected, but at the same time influenced, changes in intellectual assumptions and political thought. Lawyers as a profession flourished in the second half of the sixteenth century and throughout the seventeenth century. This great age of lawyers was followed by a decline in the eighteenth and early nineteenth centuries, reflecting both a decline in litigation and the perception of the law as slow, artificially complicated and ruinously expensive. In Lawyers, Litigation and Society, 1450-1900, Christopher Brooks also looks at the sorts of cases brought before different courts, showing why particular courts were used and for what reasons, as well as showing why the popularity of individual courts changed over the years.

Download or read book Lawyers Litigation English Society Since 1450 written by Christopher Brooks and published by A&C Black. This book was released on 1998-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal history has usually been written in terms of writs and legislation, and the development of legal doctrine. Christopher Brooks, in this series of essays roughly half of which are previously unpublished, approaches the law from two different angles: the uses made of courts and the fluctuations in the fortunes of the legal profession. Based on extensive original research, his work has helped to redefine the parameters of British legal history, away from procedural development and the refinement of legal doctrine and towards the real impact that the law had in society. He also places the law into a wider social and political context, showing how changes in the law often reflected, but at the same time influenced, changes in intellectual assumptions and political thought. Lawyers as a profession flourished in the second half of the sixteenth century and throughout the seventeenth century. This great age of lawyers was followed by a decline in the eighteenth and early nineteenth centuries, reflecting both a decline in litigation and the perception of the law as slow, artificially complicated and ruinously expensive. In Lawyers, Litigation and Society, 1450-1900, Christopher Brooks also looks at the sorts of cases brought before different courts, showing why particular courts were used and for what reasons, as well as showing why the popularity of individual courts changed over the years.

Download or read book Communities Courts in Britain 1150 1900 written by Christopher Brooks and published by Bloomsbury Academic. This book was released on 2003-11-22 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in Communities and Courts in Britain, 1150-1900 all reflect the wider concept of legal history - how legal processes fitted into the social and political life of the community and how courts and other legal processes were used by contemporaries. In doing so they aim both to justify the study of legal history in its own right and to show how legal records, including those of a variety of central and local courts, can be used to further our understanding of a wide range of social, commercial, popular and political history.

Download or read book Subversive Legal History written by Russell Sandberg and published by Routledge. This book was released on 2021-07-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provocative, audacious and challenging, this book rejuvenates not only the historical study of law but also the role of Law Schools by asking which stories we tell and which stories we forget. It argues that a historical approach to law should be at the beating heart of the Law School curriculum. Far from being archaic, elitist and dull, historical perspectives on law are and should be subversive. Comparison with the past underscores: how the law and legal institutions are not fixed but are constructed; that every line drawn in the law and everything the law holds as sacred is actually arbitrary; and how the environment into which law students are socialised is a historical construct. A subversive approach is needed to highlight, question, de-construct and re-construct the authored nature of the law, revealing that legal change on a larger scale is possible. Far from being archaic, this recasts legal history as being anarchic. Subversive Legal History is not a type of Legal History but is its defining characteristic if it is to be a central part of Law School life. It describes a legal method that should not be the preserve only of specialist legal historians but rather should be part of the toolkit of all law students, teachers and researchers. This book will be essential reading for all who work and study in Law Schools, proposing a radical new approach not only to the historical study of law but also to the content, purpose and ambition of legal education. A subversive approach can revolutionise Law Schools providing a more ambitious legal education which is grounded in the socio-legal reality, helping to ensure that today’s law students are better equipped to be the professionals and citizens of tomorrow.

Download or read book Law Lawyers and Litigants in Early Modern England written by Joanne Begiato and published by Cambridge University Press. This book was released on 2019-06-27 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the impact of legal ideas and legal consciousness on early modern English society and culture.

Download or read book Remaking English Society written by Alexandra Shepard and published by Boydell & Brewer Ltd. This book was released on 2015 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading authorities, the volume can be considered a standard work on seventeenth-century English social history. A tribute to the work of Keith Wrightson, Remaking English Society re-examines the relationship between enduring structures and social change in early modern England. Collectively, the essays in the volume reconstruct the fissures and connections that developed both within and between social groups during the sixteenth, seventeenth and eighteenth centuries. Focusing on the experience of rapid economic and demographic growth and on related processesof cultural diversification, the contributors address fundamental questions about the character of English society during a period of decisive change. Prefaced by a substantial introduction which traces the evolution of early modern social history over the last fifty years, these essays (each of them written by a leading authority) not only offer state-of-the-art assessments of the historiography but also represent the latest research on a variety of topics that have been at the heart of the development of 'the new social history' and its cultural turn: gender relations and sexuality; governance and litigation; class and deference; labouring relations, neighbourliness and reciprocity; and social status and consumption. STEVE HINDLE is W. M. Keck Foundation Director of Research at the Huntington Library, San Marino, California. ALEXANDRA SHEPARD is Reader in History, University of Glasgow. JOHN WALTER is Professor of History, University of Essex. Contributors: Helen Berry, Adam Fox, H. R. French, Malcolm Gaskill, Paul Griffiths, Steve Hindle, Craig Muldrew, Lindsay O'Neill, Alexandra Shepard, Tim Stretton, Naomi Tadmor, John Walter, Phil Withington, Andy Wood

Download or read book Lawyers and Legal Culture in British North America written by Philip Girard and published by University of Toronto Press. This book was released on 2011-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: From award-winning biographer Philip Girard, Lawyers and Legal Culture in British North America is the first history of the legal profession in Canada to emphasize its cross-provincial similarities and its deep roots in the colonial period. Girard details how nineteenth-century British North American lawyers created a distinctive Canadian template for the profession by combining the strong collective governance of the English tradition with the high degree of creativity and client responsiveness characteristic of U.S. lawyers — a mix that forms the basis of the legal profession in Canada today. Girard provides a unique window on the interconnections between lawyers' roles as community leaders and as legal professionals. Centred on one pre-Confederation lawyer whose career epitomizes the trends of his day, Beamish Murdoch (1800-1876), Lawyers and Legal Culture in British North America makes an important and compelling contribution to Canadian legal history.

Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Michael Lobban and published by Springer. This book was released on 2016-02-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. ​Volume 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century edited by Andrea Padovani and Peter Stein Volume 7 is the second of the historical volumes and acts as a complement to the previous Volume 6, discussing from the jurists’ perspective what that previous volume discusses from the philosophers’ perspective. The subjects of analysis are, first, the Roman jurists’ conception of law, second, the metaphysical and logical presuppositions of late medieval legal science, and, lastly, the connection between legal and political thought up to the 17th century. The discussion shows how legal science proceeds at every step of the way, from Rome to early modern times, as an enterprise that cannot be untangled from other forms of thought, thus giving rise to an interest in logic, medieval theology, philosophy, and politics—all areas where legal science has had an influence. Volume 8: A History of the Philosophy of Law in The Common Law World, 1600–1900 by Michael Lobban Volume 8, the third of the historical volumes, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the ‘common law mind’ as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke’s vision of the common law continued to exert a strong influence on American jurists, in England a more positivist approach took root, which found its fullest articulation in the work of Bentham and Austin. ​

Download or read book Law and Government in England during the Long Eighteenth Century written by D. Lemmings and published by Springer. This book was released on 2011-10-28 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people.

Download or read book Financial Failure in Early Modern England written by Aidan Collins and published by Boydell & Brewer. This book was released on 2024-10-29 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses how bankruptcy was litigated within the court to gain a more nuanced understanding of early modern bankruptcy. This book examines cases involving bankruptcy brought before the court of Chancery - a court of equity which dealt with civil disputes - between 1674 and 1750. It uncovers the numerous meanings attached to financial failure in early modern England. In its simplest sense, personal financial failure occurred when an individual defaulted on their debts. Because they had not fulfilled their responsibilities and behaved in a trustworthy and credible manner, bankrupt individuals were seen to be immoral. And yet bankruptcy was linked to wider notions of credibility, trustworthiness, and morality. Financial failure was described and debated not just in economic terms, but came to rely on a combination of social, community, and religious values. Bankruptcy cases involved an interconnected network of indebtedness, often including relatives, neighbours, and traders from the local community. As such, conceptions of failure implicated individuals beyond just the bankrupt. As people began to look back and appraise the actions and words of those involved in trade, a far wider network of creditors, debtors, and middlemen were blamed for the knock-on effect of an individual failure. Ultimately, the book investigates the negative aspects of early modern trade networks and the active role of the court when such networks broke down, providing unique access to contemporary understandings of what was considered right and wrong, honourable and deceitful, and criminal and compassionate within the moral landscape of debt recovery during the seventeenth and eighteenth centuries.

Download or read book Introduction to English Legal History written by John Baker and published by Oxford University Press. This book was released on 2019-03-21 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.

Download or read book Litigation written by Wilfrid R. Prest and published by UNSW Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigation does not have a good press - in fact, it is usually viewed very negatively. Rates of litigation in Western countries are claimed to be spiralling beyond control, and this is said to indicate a fundamental crisis in contemporary Western societies. "Litigation: Past and Present" sheds some much-needed light on these views, by examining actual patterns of litigation, both historical and contemporary, and considering the many ways in which courts provide strategies for social change and social justice. Topics surveyed include the long-range recording of litigation rates, the social uses of legal action, the effectiveness of procedural reforms in reducing litigation, and the impact of legal proceedings and activism on Indigenous rights, and on marriage and family issues. Litigation and its impact are too often discussed in excessively rhetorical and pragmatic terms. This volume, with contributions from internationally recognised scholars, adds much needed empirical research and theoretical perspectives to the discussion.

Download or read book Professors of the Law written by David Lemmings and published by OUP Oxford. This book was released on 2000-05-11 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happened to the culture of common law and English barristers in the long eighteenth century? In this wide-ranging sequel to Gentlemen and Barristers: The Inns of Court and the English Bar, 1680-1730, David Lemmings not only anatomizes the barristers and their world; he also explores the popular reputation and self-image of the law and lawyers in the context of declining popular participation in litigation, increased parliamentary legislation, and the growth of the imperial state. He shows how the bar survived and prospered in a century of low recruitment and declining work, but failed to fulfil the expectations of an age of Enlightenment and Reform. By contrast with the important role played by the common law, and lawyers, in seventeenth-century England and in colonial America, it appears that the culture and services of the barristers became marginalized as the courts concentrated on elite clients, and parliament became the primary point of contact between government and population. In his conclusion the author suggests that the failure of the bar and the judiciary to follow Blackstones mid-century recommendations for reforming legal culture and delivering the Englishmans birthrights significantly assisted the growth of parliamentary absolutism in government.

Download or read book Law and Humanities written by Russell Sandberg and published by Anthem Press. This book was released on 2024-01-09 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection provides the first accessible introduction to Law and Humanities. Each chapter explores the nature, development and possible further trajectory of a disciplinary ‘law and’ field. Each chapter is written by an expert in the respective field and addresses how the two disciplines of law and the other respective field operate. This edited work, therefore, fulfils a real and pressing need to provide an accessible, introductory but critical guide to law and humanities as a whole by exploring how each disciplinary ‘law and’ field has developed, contributes to further scrutinizing the content and role of law, and how it can contribute and be enriched by being understood within the law and humanities tradition as a whole.

Download or read book Why Lawsuits are Good for America written by Carl T. Bogus and published by NYU Press. This book was released on 2003-07-01 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that lawsuits work far better than commonly understood Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.

Download or read book The Law Emprynted and Englysshed written by David John Harvey and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: What impact did the printing press – a new means of communicating the written word – have on early modern English lawyers? This book examines the way in which law printing developed in the period from 1475 up until 1642 and the start of the English Civil War. It offers a new perspective on the purposes and structures of the regulation of the printing press and considers how and why lawyers used the new technology. It examines the way in which lawyers adapted to the use of printed works and the way in which the new technology increased the availability of texts and books for lawyers and the administrative community. It also considers the wider humanist context within which law printing developed. The story is set against the backdrop of revolutionary changes in English society and the move not only to print the law, but also increase its accessibility by making information available in English. The book will be of interest to lawyers and legal historians, print and book historians and the general reader.

Download or read book Litigants in Person in the Civil Justice System written by Kate Leader and published by Bloomsbury Publishing. This book was released on 2024-04-18 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do people represent themselves? What works and what doesn't for self-represented parties? And how can we improve Litigant in Person (LiP) experiences to make the civil justice system fairer? Based on in-depth interviews with individuals who have acted as Litigants in Person in the civil courts, the book provides the first full-length account of LiP experiences. The author shines a light on how much we don't know about LiPs, the civil justice system, and LiPs' place within it, as well as the kinds of things we ought to be doing to improve access to justice for unrepresented parties. Perfect for scholars of administrative justice, access to justice, court reform and legal aid, as well as government bodies and non-profit organisations, this book generates insight into meaningful methods of what works and what doesn't work for self-represented parties, based on the real-life experiences of LiPs.