English Common Law in the Age of Mansfield

English Common Law in the Age of Mansfield

Author: James Oldham

Publisher: Univ of North Carolina Press

Published: 2005-12-15

Total Pages: 445

ISBN-13: 0807864005

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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.


The Formation of the English Common Law

The Formation of the English Common Law

Author: John Hudson

Publisher: Routledge

Published: 2017-08-07

Total Pages: 309

ISBN-13: 1351669974

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The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest. Containing a new chapter charting the Anglo-Saxon period, as well as a fully revised Further Reading section, this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law.


English Law in the Age of the Black Death, 1348-1381

English Law in the Age of the Black Death, 1348-1381

Author: Robert C. Palmer

Publisher: Univ of North Carolina Press

Published: 2001-02-01

Total Pages: 476

ISBN-13: 9780807849545

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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 De


The Evolution of English Justice

The Evolution of English Justice

Author: W Mark Ormrod

Publisher: Bloomsbury Publishing

Published: 1998-10-30

Total Pages: 260

ISBN-13: 1349270040

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The importance of the fourteenth century for the development of English law has long been recognised. The shocks and challenges of that period - the murder of the incompetent Edward II, Edward III's ever escalating military demands for the war in France and the unparalleled disaster of the Black Death - gave English society a trauma that found its ultimate expression in Lollardy and the Peasants' Revolt. Out of this ferment came the evolution of a system of justice still substantially recognisable today. This key theme for students of late medieval England has often been made needlessly difficult by the rarefied nature of most books available on the subject. The aim of this book is to present in lucid and approachable terms the main outline of the debate and the different schools of thought, and to suggest the best ways by which students can understand a crucial subject and how this helps illuminate many other aspects of English society during the reigns of Edward II, Edward III and Richard II.


The Beginnings of English Law

The Beginnings of English Law

Author: Lisi Oliver

Publisher: University of Toronto Press

Published: 2002-01-01

Total Pages: 334

ISBN-13: 9780802035356

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Annotated edition of 7th century Kentish laws, with facing page translation and commentary.


A Sketch of English Legal History

A Sketch of English Legal History

Author: Frederic William Maitland

Publisher: The Lawbook Exchange, Ltd.

Published: 1998

Total Pages: 254

ISBN-13: 1886363501

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"The Best Available Introduction to English Legal History" In this work Professor Colby has gathered, annotated and arranged into a sequential history of English law numerous essays by Frederic William Maitland and Francis C. Montague. Each chapter includes a list of recommended readings. These articles supplied what long had been needed for general readers and for law students-a brief but comprehensive, accurate but untechnical account of the origin and growth of English law. ... this series of articles now forms the best available introduction to English legal history. James F. Colby, iii Widely considered the father of legal history, Frederic William Maitland [1850-1906] was an English jurist and historian best known for the standard The History of English Law Before the Time of Edward I, 2 vol. (1895), written with Sir Frederick Pollock. He was educated at Eton and Cambridge and studied at Lincoln's Inn, London. Maitland was called to the bar in 1876, then practiced until 1884 when he became a reader in English law (1884) and professor (1888) at Cambridge. He founded the Selden Society in 1887. Hailed for his original outlook on history, his works profoundly influenced legal scholarship. An extraordinarily productive career was shortened by his death from tuberculosis at age 45. Francis C. Montague [1858-1935] was a Professor of History at University College, London and Lecturer in Modern History, Oriel College, Oxford. He was also the author of The History of England from the Accession of James I. to the Restoration (1907) and The Elements of English Constitutional History from the Earliest Times to the Present Day (1910). James F. Colby [1850-1939] taught international law at Yale Law School from 1883 until 1885. He later taught history and political economics at Dartmouth College, and was Parker Professor of Law and Political Science at Dartmouth College from 1885-1916 and lectured in jurisprudence and international law at Boston University Law School from 1905-1922. CONTENTS CH. I Early English Law, 600 A.D.-1066 CH. II English Law Under Norman Rule and the Legal Reforms of Henry II., 1066-1216 CH. III Growth of Law from Henry II. to Edward I., 1154-1272 CH. IV Legal reform under Edward I. and the System of Writs, 1272-1307 CH. V Growth of Statute and Common Law and Rise of the Court of Chancery, 1307-1600 CH. VI Completion of the Common Law and Statutory Reforms after the Restoration, 1600-1688 CH. VII The Supremacy of Parliament and Rapid Growth of Statute Law, 1688-1800 CH. VIII Growth of Statute Law and Legal Reforms in the Nineteenth Century APPENDICES INDEX


Martial Law and English Laws, c.1500-c.1700

Martial Law and English Laws, c.1500-c.1700

Author: John M. Collins

Publisher: Cambridge University Press

Published: 2020-03-26

Total Pages: 333

ISBN-13: 9781107469488

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John M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King's laws. Further, it was a vital component of both England's domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.


A Historical Introduction to English Law

A Historical Introduction to English Law

Author: Russell Sandberg

Publisher: Cambridge University Press

Published: 2023-04-30

Total Pages: 296

ISBN-13: 1009345311

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There are some stories that need to be told anew to every generation. This book tells one such story. It explores the historical origins of the common law and explains why that story needs to be understood by all who study or come into contact with English law. The book functions as the prequel to what students learn during their law degrees or for the SQE. It can be read in preparation for, or as part of, modules introducing the study of English law or as a starting point for specialist modules on legal history or aspects of legal history. This book will not only help students understand and contextualise their study of the current law but it will also show them that the options they have to change the law are greater than they might assume from just studying the current law.