A Concise History of the Common Law

Author: Theodore Frank Thomas Plucknett

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771372

Category: History

Page: 802

View: 9545

Plucknett, Theodore F.T. A Concise History of the Common Law. Fifth Edition. Boston: Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067821. ISBN 1-58477-137-2. Cloth. $125. * "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate...Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law...In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." Percy H. Winfield. Harv. L. Rev. 43:339-340.
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An Historical Introduction to the Land Law

Author: Sir William Searle Holdsworth

Publisher: The Lawbook Exchange, Ltd.

ISBN: 158477262X

Category: History

Page: 339

View: 9010

Holdsworth, Sir William. An Historical Introduction to the Land Law. London: Oxford University Press, 1927. xxiv, 339 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2002025949. ISBN 1-58477-262-X. Cloth. $95. * Sir William Holdsworth [1871-1944] was one of the most distinguished historians of English common law. Written to provide students of Real Property with a concise history of the field, Holdsworth believed this knowledge necessary as contemporary land law was difficult to understand without an understanding of its roots. Fifoot commends this book in his English Law and its Background for its history of the rules against perpetuities (121). The Law Quarterly Review noted that "every beginner will certainly have to read [this] book before he reads anything else" (44:105). Both sources cited in Marke, A Catalogue of the Law Collection at New York University (1953) 773.
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History of the Common Law

The Development of Anglo-American Legal Institutions

Author: John H. Langbein,Renée Lettow Lerner,Bruce P. Smith

Publisher: Aspen Publishers

ISBN: N.A

Category: Law

Page: 1141

View: 3770

This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States. History of the Common Law offers: dynamic teaching materials that include primary sources, scholarship, summaries, notes, and questions judiciously selected and edited sources over 250 illustrations--many in full color "Living Law "units that connect legal-historical developments to modern law an illustrated timeline that highlights key dates a comprehensive Teacher's Manual, with suggestions for using the book in a two- or three-credit course Vivid writing, engaging source materials, and lavish illustrations breathe life into nearly 1,000 years of Anglo-American legal history. Concise summaries, manageable extracts, clear organization, and a detailed Teacher's Manual consistently support your teaching. *Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected]
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Streitentscheidung und Normbildung durch den Zivilprozess

eine rechtsvergleichende Untersuchung zum deutschen, englischen und US-amerikanischen Recht

Author: Felix Maultzsch

Publisher: Mohr Siebeck

ISBN: 9783161505386

Category: Law

Page: 492

View: 8936

English summary: What is the relationship between the dispute settlement referring to one specific case and the law-making function in the decision-making process of the appellate courts? Felix Maultzsch looks into this question in a comparative study of German, English and US law. German description: Die richterliche Normbildung verkorpert einen immer bedeutsamer werdenden Aspekt der hochstrichterlichen Tatigkeit. Hiermit stellt sich zugleich die Frage, in welchem Verhaltnis diese Normbildung zu der Entscheidung des jeweils anhangigen Rechtsstreits steht. Bildet der konkrete Fall den wesentlichen Entscheidungs- und Erkenntnisgegenstand, aus dem zugleich allgemeinere Ruckschlusse gezogen werden, oder bildet er einen blossen Anlass fur eine abstrakt orientierte Normbildung? Felix Maultzsch geht dieser Frage in einer rechtsvergleichenden Untersuchung zum deutschen, englischen und US-amerikanischen Recht nach, die sich an dem prozessual-institutionellen Rahmen der richterlichen Tatigkeit orientiert. Er untersucht das Verhaltnis zwischen Streitentscheidung und Normbildung aus entwicklungsgeschichtlicher und rechtstheoretischer Perspektive und behandelt zudem konkrete prozessuale Anwendungsbeispiele. Hierbei kann fur die hochstrichterliche Ebene die Grundtendenz beobachtet werden, dass die Normbildung einen immer starkeren Eigenwert erlangt und sich von der Streitentscheidung gleichsam loslost. Der Autor pladiert demgegenuber fur eine Ruckbesinnung auf das klassische Modell, nach dem der jeweilige Fall das Zentrum der richterlichen Tatigkeit bildet und die Rechtsschopfung leitet. Dieser Ansatz konzentriert sich auf die genuinen Starken des Prozesses der richterlichen Entscheidungsfindung und ermoglicht somit auf lange Sicht auch eine nachhaltigere Normbildung.
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The Blessings of Liberty, A Concise History of the Constitution of the United States

Author: CTI Reviews

Publisher: Cram101 Textbook Reviews

ISBN: 1619052962

Category: Education

Page: 60

View: 6072

Facts101 is your complete guide to The Blessings of Liberty, A Concise History of the Constitution of the United States. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.
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Eine kurze Geschichte der Menschheit

Author: Yuval Noah Harari

Publisher: DVA

ISBN: 364110498X

Category: History

Page: 528

View: 4268

Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.
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A Concise History of the French Revolution

Author: Sylvia Neely

Publisher: Rowman & Littlefield

ISBN: 9780742534117

Category: History

Page: 287

View: 4938

This concise yet rich introduction to the French Revolution explores the origins, development, and eventual decline of a movement that defines France to this day. Through an accessible chronological narrative, Sylvia Neely explains the complex events, conflicting groups, and rapid changes that characterized this critical period in French history. She traces the fundamental transformations in government and society that forced the French to come up with new ways of thinking about their place in the world, ultimately leading to liberalism, conservatism, terrorism, and modern nationalism. Throughout, the author focuses on the essential political events that propelled the Revolution, at the same time deftly interweaving the intellectual, social, diplomatic, military, and cultural history of the time. Neely explains how the difficult choices made by the royal government and the revolutionaries alike not only brought on the collapse of the Old Regime but moved the nation into increasingly radical policies, to the Terror, and finally to the rise of Napoleon Bonaparte. Written with clarity and nuance, this work offers a deeply knowledgeable understanding of the political possibilities available at any given moment in the course of the Revolution, placing them in a broad social context. All readers interested in France and revolutionary history will find this an engaging and rewarding read.
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Antiquities of the Inns of Court and Chancery

Containing Historical and Descriptive Sketches Relative to Their Original Foundation, Customs, Ceremonies, Buildings, Government, &c. ; with a Concise History of the English Law

Author: William Herbert

Publisher: N.A

ISBN: N.A

Category: Inns of Chancery

Page: 377

View: 5962

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English Common Law in the Age of Mansfield

Author: James Oldham

Publisher: Univ of North Carolina Press

ISBN: 0807864005

Category: Law

Page: 448

View: 6677

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.
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Making of the West, Peoples and Cultures, A Concise History

Author: CTI Reviews

Publisher: Cram101 Textbook Reviews

ISBN: 1478439254

Category: Education

Page: 801

View: 3287

Facts101 is your complete guide to Making of the West, Peoples and Cultures, A Concise History. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.
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A Concise History of Euthanasia

Life, Death, God, and Medicine

Author: Ian Dowbiggin

Publisher: Rowman & Littlefield

ISBN: 9780742531116

Category: History

Page: 163

View: 6901

Traces the controversial history of euthanasia, examining evolving opinions about what constitutes a good death and taking issue with the right-to-die movement over the question of legalizing assisted suicide.
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The British System of Government and Its Historical Development

Author: Christopher Edward Taucar

Publisher: McGill-Queen's Press - MQUP

ISBN: 0773596569

Category: History

Page: 313

View: 6732

The basic rules and implications of every state's system of government provide an authoritative and objective basis to guide and judge the actions of the state's decision makers, including courts. Christopher Taucar provides a detailed history of the British system's development from state power being exercised by centralized royal courts to its present-day distinct legislative, judicial, and executive bodies with diverse powers. The British System of Government and Its Historical Development fills a large and important gap in contemporary understandings of British legal and political history by providing a broad overview of a system that influenced political systems across the world. The main constitutional settlements are examined, including the development of parliamentary sovereignty, courts, and the common law, emphasizing the supremacy of law and natural law. Thus, the findings question the assumptions held by many contemporary scholars and judges by reaffirming the centuries-old view of the supremacy of law as an objective and external standard. The British System of Government and Its Historical Development argues that knowing this system is vital not only to our understanding of systems of government in Britain and elsewhere, but also as the basis to hold governments accountable to their most basic rules and imperatives.
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The Sale of Goods

Author: Michael G. Bridge

Publisher: Oxford University Press, USA

ISBN: 0198765355

Category: Sales

Page: 614

View: 9855

This book is a systematic analysis of the modern English law of domestic sale of goods, covering in detail the following aspects of sale of goods contracts: * formation and definitions * passing of property and risk * mistake and frustration * contents of the contract and implied terms * delivery and payment * termination for breach * exclusion clauses * remedies and transfer of title. Full treatment is given to proprietary matters and the significant reforms which have taken place in recent years including the Sale and Supply of Goods Act 1994, and the Sale of Goods (Amendment) Act 1995. The general law of contract is dealt with as it affects the special contract of sale, but export sales materials are treated only to the extent that they illustrate delivery and payment. The paperback edition also includes a new preface designed for the student reader, covering recent developments in the sale of goods. This thorough and comprehensive book will be a valuable resource for students of commercial law as well as academics and practitioners working in the area.
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Thinking Like a Lawyer

Author: Frederick Schauer

Publisher: Harvard University Press

ISBN: 0674032705

Category: Law

Page: 239

View: 3731

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
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The History of Law in Europe

An Introduction

Author: Bart Wauters,Marco de Benito

Publisher: Edward Elgar Publishing

ISBN: 1786430762

Category:

Page: 200

View: 4158

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
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Families and Estates

A Comparative Study

Author: International Academy of Estate and Trust Law. Annual Conference

Publisher: Kluwer Law International B.V.

ISBN: 9041123784

Category: Law

Page: 289

View: 6785

This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.
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Language and Culture in the Growth of Imperialism

Author: Sharron Gu

Publisher: McFarland

ISBN: 0786468483

Category: Literary Criticism

Page: 311

View: 5041

"This innovative study examines imperialism from a cultural and linguistic perspective, portraying the rise and fall of ancient Greek, Roman, medieval Islamic, modern British, Russian and American empires as a part of the natural life of world civilizations "--Provided by publisher.
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