Historical Foundations of the Common Law

Historical Foundations of the Common Law

But “under the common law system everything ought to have a history, and so a singularly obscure case came to be conventionally regarded as the historical foundation for common recoveries”; T. F. T. Plucknett, op. cit., p. 621.

Author: S. F. C. Milsom

Publisher: Butterworth-Heinemann

ISBN: 9781483182551

Category: Law

Page: 480

View: 371

Historical Foundations of the Common Law provides a general overview of the development of the common law. The book is comprised of 14 chapters that are organized into four parts. The first part deals with the institutional background and covers the centralization of justice; the institutions of the common law; and the rise of equity. The second part deals with land properties, while the third part talks about legal obligations. The last part details criminal administration and law. The text will be of great use to individuals who have an interest in the development of the common law.
Categories: Law

The Historical Foundations of the Law Relating to Trade marks

The Historical Foundations of the Law Relating to Trade marks

Includes table of cases and statutes, bibliography. Considered to be "...invaluable for starting scholarly research." Marke, A Catalogue of the Law Collection of New York University (1953) 869.

Author: Frank Isaac Schechter

Publisher: The Lawbook Exchange, Ltd.

ISBN: 9781584770350

Category: Law

Page: 211

View: 884

Schechter, Frank I. The Historical Foundations of the Law Relating to Trade-Marks. New York: Columbia University Press, 1925. xxviii, 211 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-41673. ISBN-13: 978-1-58477-035-0. ISBN-10: 1-58477-035-X. Cloth. New. $65.* What is the exact nature of the nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. Includes table of cases and statutes, bibliography. Considered to be "...invaluable for starting scholarly research." Marke, A Catalogue of the Law Collection of New York University (1953) 869.
Categories: Law

Historical Foundations of the Common Law

Historical Foundations of the Common Law

Frauds and fictions do not appear on the record , and much common law development has depended upon this . In the case of recoveries only readiness to make individual investigations could have prevented what happened .

Author: Stroud Francis Charles Milsom

Publisher: Butterworth-Heinemann

ISBN: UOM:39015000943095

Category: Common law

Page: 475

View: 410

Categories: Common law

A Natural History of the Common Law

A Natural History of the Common Law

See generally, and for the London background in particular, Milsom, Historical Foundations of the Common Law, 328ff. 43. The situation of the Inns between Westminster Hall and Guild- hall may not be coincidence, and there was a ...

Author: Stroud Francis Charles Milsom

Publisher: Columbia University Press

ISBN: 9780231129947

Category: Law

Page: 140

View: 808

How does law come to be stated as substantive rules, and then how does it change? One of Britain's most acclaimed legal historians focuses on the development of English common law--the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases--from which American law was to grow.
Categories: Law

English Common Law in the Age of Mansfield

English Common Law in the Age of Mansfield

The Manuscripts of His Grace the Duke of Rutland. Historical Manuscripts Commission, 12th Report, Parts 4–5; 14th Report, Appendix, Part 1.4 vols. London: HMSO, 1888–1905. Milsom, S. F. C. Historical Foundations of the Common Law.

Author: James Oldham

Publisher: Univ of North Carolina Press

ISBN: 9780807864005

Category: Law

Page: 448

View: 974

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.
Categories: Law

Street on Torts

Street on Torts

21 SCF Milsom, Historical Foundations of the Common Law (2nd edn, 1981), 21–2. JH Baker, An Introduction to English Legal History (4th edn, 2007), 3. SCF Milsom, Historical Foundations of the Common Law (2nd edn, 1981), 11.

Author: Christian Witting

Publisher: Oxford University Press

ISBN: 9780198865506

Category:

Page: 768

View: 163

Street on Torts provides an insightful and thorough treatment of tort law with a focus on key concepts and clear explanations.
Categories:

Judges and Judging in the History of the Common Law and Civil Law

Judges and Judging in the History of the Common Law and Civil Law

S. F. C. Milsom, Historical Foundations of the Common Law, 2nd edn (London, 1981), p. 79. 20 See C. H. S. Fifoot, History and Sources ofthe Common Law (London, 1949), pp. 232-3. Bacon put the point as a maxim: 'the law ...

Author: Paul Brand

Publisher: Cambridge University Press

ISBN: 9781107018976

Category: Law

Page: 349

View: 652

Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.
Categories: Law

A History of Water Rights at Common Law

A History of Water Rights at Common Law

In the older common law , formalistic legal rules left a wide power of fact - finding and factdetermination to juries and ... 1962 ) 118–29 ; S. F. C. Milsom , Historical Foundations of the Common Law ( 2nd edn . , London , 1981 ) 33-50 ...

Author: Joshua Getzler

Publisher: Oxford University Press on Demand

ISBN: 0198265816

Category: Law

Page: 396

View: 872

Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.
Categories: Law

A History of the Common Law of Contract

A History of the Common Law of Contract

H.E.L.-W. S. HOLDSWORTH , A History of English Law , 16 volumes . London , 1922–66 . KIRALFY - A . K. KIRALFY , The Action on the case . London , 1951 . Milsom — S . F. C. Milsom , Historical Foundations of the Common Law .

Author: A. W. Brian Simpson

Publisher: Oxford University Press

ISBN: 019825573X

Category: Law

Page: 646

View: 245

The Common Law is one of the two major and successful systems of law developed in Western Europe, and in one form or another is now in force not only in the country of its origin but also in the United States and large parts of the British Commonwealth and former parts of the Empire. Perhapsits most typical product is English Contract Law, developed continuously since the birth of the common law almost wholly by judicial decision. Although in its modern form primarily a product of the nineteenth century, the common law of contract as we know it developed around the action of assumpsitwhich evolved at the close of the fourteenth century, and many of its characteristic doctrines first emerged in the sixteenth and seventeenth centuries. This book, which takes the story up to 1677 (the date of Statute of Frauds) forms the first part of the history of contract law, and is writtenprimarily from a doctrinal standpoint.
Categories: Law

Studies in the History of the Common Law

Studies in the History of the Common Law

For the front door, the law of contract governing at the time, you needed a document under seal; this once sensible ... On all the foregoing, see the present reviewer's HISTORICAL FOUNDATIONS or THE COMMON LAW (1969) and Reason in the ...

Author: S. F. C. Milsom

Publisher: A&C Black

ISBN: 9780907628613

Category: Law

Page: 335

View: 137

Categories: Law

Religious Confession Privilege and the Common Law

Religious Confession Privilege and the Common Law

... new Jersey, Behrman House Inc, 1973 Johnson, J, A Collection of the Laws and Canons of the Church of England, ... Foundations of the Common Law, London, Butterworths, 1969 Milsom, SFC, Historical Foundations of the Common Law, ...

Author: A. Keith Thompson

Publisher: BRILL

ISBN: 9789047425793

Category: Law

Page: 424

View: 380

Despite what most evidence law texts say, religious confession privilege does exist at common law. This book provides proof from both historical and common law materials with consequences even in jurisdictions where the privilege now exists in statutory form.
Categories: Law

Public Law Adjudication in Common Law Systems

Public Law Adjudication in Common Law Systems

17SFC Milsom, Historical Foundations of the Common Law, 2nd edn (London, Butterworths, 1981) 56. Earlier in his career, Milsom engaged in an admirable, and sadly unpublished, study of the medieval history of the writ: SFC Milsom, ...

Author: John Bell

Publisher: Bloomsbury Publishing

ISBN: 9781849469937

Category: Law

Page: 320

View: 716

This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference – namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.
Categories: Law

Bentham and the Common Law Tradition

Bentham and the Common Law Tradition

M. H. James, Belfast, 1974, 9–38. Milsom, S. F. C., Historical Foundations of the Common Law, London, 1969. Montesquieu, C, The Spirit of the Laws, Worcester, Mass., 1802. Mossner, E. C, The Life of David Hume, 2nd edn, Oxford, 1980.

Author: Gerald Postema

Publisher: Clarendon Law

ISBN: 9780198793052

Category: Law

Page: 608

View: 142

This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision principle seems inconsistent with his positivist insistence on the sovereignty of the will of the lawmaker. Two themes emerge from the attempt in this work to reconcile these two core elements of Bentham's practical thought. First, Bentham's conception of law does not fit the conventional model of legal positivism. Bentham was not just a utilitarian and a positivist; he was a positivist by virtue of his commitment to a utilitarian understanding of the fundamental task of law. Moreover, his emphasis on the necessary publicity and the systemic character of law, led him to insist on an essential role for utilitarian reasons in the regular public functioning of law. Second, Bentham's radical critique of common law theory and practice convinced him of the necessity to reconcile the need for certainty of law with an equally great need for its flexibility. He eventually developed a constitutional framework for adjudication in the shadow of codified law that accorded to judges discretion to decide particular cases according to their best judgment of the balance of utilities, guaranteeing the accountability and appropriate motivation of judicial decision-making through institutional incentives. The original text of this work, first published in 1986, remains largely unchanged, but an afterword reconsiders and revises some themes in response to criticism.
Categories: Law

JUDGES ADMINISTRATORS COMMON LAW

JUDGES  ADMINISTRATORS   COMMON LAW

For other presentations of Milsom's views, see Historical Foundations of the Common Law, 2nd edn (London, 1981); Introduction to F. Pollock and F.W. Maitland, The History of English Law before the Time of Edward 1, 2nd edn (reprint, ...

Author: Ralph Turner

Publisher: A&C Black

ISBN: 9781852851040

Category: Law

Page: 317

View: 332

This collection of essays brings together the author's work on th growth of administrative monarchy in Angevin England, concentrating upon the personnnel of royal government and especially upon the common law courts. It describes the institutions of the English common law during its formative period, including the growth of the jury and of the two central courts, Common Pleas at Westminster and the court following the king, later King's Bench. Another group of essays illustrate the justices' handling of cases coming before the law courts, examining please that touched the king's interest. After a discussion of the authorship of England's first great lawbook, Glanvill, other essays examine the justices, their level of literacy, the conflicts facing the clerics among them in hearing secular cases, and the hostility that they aroused as 'new men' in the king's service from conservative elements in society.
Categories: Law

Aboriginal Customary Law A Source of Common Law Title to Land

Aboriginal Customary Law  A Source of Common Law Title to Land

Meyers, GD, Piper, CM and Rumley, HE, 'Asking the Minerals Question: Rights in Minerals asan Incident of Native Title' (1997) 2 Australian Indigenous Law Reporter 203. Milsom, SFC, Historical Foundations of the Common Law,2nd edn(London ...

Author: Ulla Secher

Publisher: Bloomsbury Publishing

ISBN: 9781782253778

Category: Law

Page: 534

View: 956

Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Categories: Law

The Formation of English Common Law

The Formation of English Common Law

EDITOR' S PREFACE England's history is unique for the development at a very early date of a unified system of law, ... In a broad context, the historical foundations of the Common Law have also remained utterly central to all discussion ...

Author: John Hudson

Publisher: Routledge

ISBN: 9781317898016

Category: History

Page: 288

View: 186

During the Anglo-Norman period a concept of law developed, binding ruler and ruled alike and which was based on custom common throughout the country. This was Common Law and it was from this that subsequent law developed. John Hudson's text is an introductory survey of Common Law for students and other non-specialist readers. Certain aspects of medieval law such as its feuds, its ordeals and its outlaws are well known, this text shows how these aspects fitted in to the system as a whole, considers its Anglo-Saxon origins, the influence of the Norman invaders and later administrative reforms. The events and legal processes also throw light on the society, politics and thought of the times.
Categories: History

Shaping the Common Law

Shaping the Common Law

J. F. Stephen, History of the Criminal Law, vol. ... T. F. T. Plucknett, A Concise History of the Common Law (Boston, 1956) p. 278. 18. ... 122–123; see also S. F. C. Milsom, Historical Foundations of the Common Law (London, 1969) pp.

Author:

Publisher: Stanford University Press

ISBN: 9780804779593

Category: Law

Page: 282

View: 342

This collection discusses the contributions of great common-law jurists and singular documents - namely the Magna Carta and the Laws and Liberties of Massachusetts - that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies. Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less-known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale.
Categories: Law