Lord Mansfield
Lord Mansfield

Author: Norman S. Poser

Publisher: McGill-Queen's Press - MQUP

Published: 2013-09-01

Total Pages: 561

ISBN-13: 0773589805

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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.

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.

Great Christian Jurists in English History
Great Christian Jurists in English History

Author: Mark Hill

Publisher: Cambridge University Press

Published: 2017-06-09

Total Pages: 621

ISBN-13: 1108135986

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The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.

Belle
Belle

Author: Paula Byrne

Publisher: Harper Collins

Published: 2014-04-29

Total Pages: 156

ISBN-13: 006231078X

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The sensational true tale that inspired the major motion picture Belle starring Tom Wilkinson, Miranda Richardson, Emily Watson, Penelope Wilton, and Matthew Goode—a stunning story of the first mixed-race girl introduced to high society England and raised as a lady. The illegitimate daughter of a captain in the Royal Navy and an enslaved African woman, Dido Belle was sent to live with her great-uncle, the Earl of Mansfield, one of the most powerful men of the time and a leading opponent of slavery. Growing up in his lavish estate, Dido was raised as a sister and companion to her white cousin, Elizabeth. When a joint portrait of the girls, commissioned by Mansfield, was unveiled, eighteenth-century England was shocked to see a black woman and white woman depicted as equals. Inspired by the painting, Belle vividly brings to life this extraordinary woman caught between two worlds, and illuminates the great civil rights question of her age: the fight to end slavery. Belle includes 20 pages of black-and-white photos.

Justice Accused
Justice Accused

Author: Robert M. Cover

Publisher: Yale University Press

Published: 1975-01-01

Total Pages: 340

ISBN-13: 9780300032529

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What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak

Black Tudors
Black Tudors

Author: Miranda Kaufmann

Publisher: Simon and Schuster

Published: 2017-10-05

Total Pages: 354

ISBN-13: 1786071851

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A new, transformative history – in Tudor times there were Black people living and working in Britain, and they were free ‘This is history on the cutting edge of archival research, but accessibly written and alive with human details and warmth.’ David Olusoga, author of Black and British: A Forgotten History A black porter publicly whips a white Englishman in the hall of a Gloucestershire manor house. A Moroccan woman is baptised in a London church. Henry VIII dispatches a Mauritanian diver to salvage lost treasures from the Mary Rose. From long-forgotten records emerge the remarkable stories of Africans who lived free in Tudor England… They were present at some of the defining moments of the age. They were christened, married and buried by the Church. They were paid wages like any other Tudors. The untold stories of the Black Tudors, dazzlingly brought to life by Kaufmann, will transform how we see this most intriguing period of history. *** Shortlisted for the Wolfson History Prize 2018 A Book of the Year for the Evening Standard and the Observer ‘That rare thing: a book about the 16th century that said something new.’ Evening Standard, Books of the Year ‘Splendid… a cracking contribution to the field.’ Dan Jones, Sunday Times ‘Consistently fascinating, historically invaluable… the narrative is pacy... Anyone reading it will never look at Tudor England in the same light again.’ Daily Mail

Habeas Corpus
Habeas Corpus

Author: Paul D. Halliday

Publisher: Harvard University Press

Published: 2012-04-02

Total Pages: 513

ISBN-13: 0674064208

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We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guant‡namo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

Law, Crime and English Society, 1660–1830
Law, Crime and English Society, 1660–1830

Author: Norma Landau

Publisher: Cambridge University Press

Published: 2002-10-17

Total Pages: 278

ISBN-13: 1139433261

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This book examines how the law was made, defined, administered, and used in eighteenth-century England. A team of leading international historians explore the ways in which legal concerns and procedures came to permeate society and reflect on eighteenth-century concepts of corruption, oppression, and institutional efficiency. These themes are pursued throughout in a broad range of contributions which include studies of magistrates and courts; the forcible enlistment of soldiers and sailors; the eighteenth-century 'bloody code'; the making of law basic to nineteenth-century social reform; the populace's extension of law's arena to newspapers; theologians' use of assumptions basic to English law; Lord Chief Justice Mansfield's concept of the liberty intrinsic to England; and Blackstone's concept of the framework of English law. The result is an invaluable account of the legal bases of eighteenth-century society which is essential reading for historians at all levels.