The Oxford History of the Laws of England: 1483-1558

Author: John Hamilton Baker

Publisher: Oxford University Press on Demand

ISBN: 0198258178

Category: Law

Page: 964

View: 6038

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'There can be no doubt that this series will stand as an enduring testament to the sheer fecundity of the contemporary study of English legal history.' -Law Quarterly Review'Despite the mass of scholarship shoe-horned into its pages, great care has been taken that this volume should be reasonably accessible to non-specialists and it is... an excellent volume.' -Law Quarterly ReviewThis, the first volume to appear in the landmark new Oxford History of the Laws of England series, covers the years 1483 - 1558, a period of immense social, political, and intellectual change, which profoundly affected the law and its workings.Readership: Libraries and scholars, some practitioners (changes detailed in this volume are fundamental to an understanding of the common law), historians interested in the early Tudor period, legal historians.
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The Oxford History of the Laws of England Volume II

871-1216

Author: John Hudson

Publisher: OUP Oxford

ISBN: 0191630039

Category: Law

Page: 984

View: 1829

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This volume in the landmark Oxford History of the Laws of England series, spans three centuries that encompassed the tumultuous years of the Norman conquest, and during which the common law as we know it today began to emerge. The first full-length treatment of all aspects of the early development of the English common law in a century, featuring extensive research into the original sources that bring the era to life, and providing an interpretative account, a detailed subject analysis, and fascinating glimpses into medieval disputes. Starting with King Alfred (871-899), this book examines the particular contributions of the Anglo-Saxon period to the development of English law, including the development of a powerful machinery of royal government, significant aspects of a long-lasting court structure, and important elements of law relating to theft and violence. Until the reign of King Stephen (1135-54), these Anglo-Saxon contributions were maintained by the Norman rulers, whilst the Conquest of 1066 led to the development of key aspects of landholding that were to have a continuing effect on the emerging common law. The Angevin period saw the establishment of more routine royal administration of justice, closer links between central government and individuals in the localities, and growing bureaucratization. Finally, the later twelfth and earlier thirteenth century saw influential changes in legal expertise. The book concludes with the rebellion against King John in 1215 and the production of the Magna Carta. Laying out in exhaustive detail the origins of the English common law through the ninth to the early thirteenth centuries, this book will be essential reading for all legal historians and a vital work of reference for academics, students, and practitioners.
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The Common Law in Colonial America

Volume I: The Chesapeake and New England 1607-1660

Author: William E. Nelson

Publisher: Oxford University Press

ISBN: 0199886857

Category: History

Page: 216

View: 653

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Drawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "new beginning" in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law. In this first volume, Nelson explores how the law of the Chesapeake colonies--Virginia and Maryland--differed from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and looks at the differences between the colonial legal systems within the two regions, from their initial settlement until approximately 1660.
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Property and the Law of Finders

Author: Robin Hickey

Publisher: Bloomsbury Publishing

ISBN: 1847317502

Category: Law

Page: 196

View: 5947

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Are finders keepers? This most simple of questions has long evaded a satisfactory legal answer. Generally it seems to have been accepted that a finder acquires a property right in the object of her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This first full-length treatment of finders sets them in their legal-historical context, and discovers a fascinating area of law lying at the crossroads of crime, obligations, and property. That on the same facts a finder might be thief, bailee, and/or property right holder has clouded our conceptual analysis, and prevented us from stating simply our rules about finding. Nonetheless, when the applicable doctrines and policies of our property law (particularly the central concept of possession) are explored and understood in the light of countervailing rules of crime and tort, we can argue confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument, and will appeal to anyone specifically interested in the law of personal property, and also to those with broader concerns about the evolution of common law concepts and their ability to yield workable, practical solutions.
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Deceit: The Lie of the Law

Author: Peter Macdonald Eggers

Publisher: CRC Press

ISBN: 131791273X

Category: Law

Page: 304

View: 8101

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Deceit: The Lie of the Law will provide a complete and detailed account of the law of deceit as developed over the past two centuries. This new book by Peter MacDonald Eggers examines the commercial, contractual and civil relationships in which claims in deceit have been made.
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Elgar Encyclopedia of Comparative Law, Second Edition

Author: J. M. Smits

Publisher: Edward Elgar Publishing

ISBN: 1781006105

Category: Law

Page: 1000

View: 407

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Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
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Legalism

Community and Justice

Author: Fernanda Pirie,Judith Scheele

Publisher: OUP Oxford

ISBN: 0191025933

Category: Law

Page: 260

View: 861

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'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts. The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.
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Baker and Milsom Sources of English Legal History

Private Law to 1750

Author: John Hamilton Baker,Stroud Francis Charles Milsom

Publisher: OUP UK

ISBN: 0199546800

Category: Language Arts & Disciplines

Page: 764

View: 8391

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Previous edition published as : Sources of English legal history. London: Butterworth, 1986.
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An Introduction to Comparative Law Theory and Method

Author: Geoffrey Samuel

Publisher: Bloomsbury Publishing

ISBN: 1849467552

Category: Law

Page: 232

View: 8438

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This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.
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The Language of Law and the Foundations of American Constitutionalism

Author: Gary L. McDowell

Publisher: Cambridge University Press

ISBN: 0521140919

Category: Law

Page: 409

View: 7598

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"In this fine book, Gary McDowell shows that the Constitution is our fundamental law---not our master, but our guide and mentor. Only at our peril do we try to make it our servant."---Harvey Mansfield, Harvard University "Erudite and lucid: McDowell's book is a must-read for those who wish to understand the philosophical and linguistic roots of the originalist tradition of constitutional interpretation."-R. Kent Newmyer, University of Connecticut School of Law "This book adds a major dimension of depth to the case for guiding judicial interpretation of the Constitution by the original intent of the framers. McDowell articulates a deeply thought-provoking meditation, informed by a fertile understanding of key foundations for originalism articulated by major figures in political philosophy, in the common law, and among the Founders themselves who shaped the theorizing that informs our constitutional order."---Thomas Pangle, University of Texas at Austin "For several decades, Gary McDowell has been one of our most brilliant and learned students of law and political philosophy. This book is his summa, a profound defense of originalism as a moral Constitutional philosophy, a brilliant discourse on the framers and their philosophical forbears and successors, and a powerful handbook of strategy in what McDowell calls `the contemporary war for the Constitution.'This work is essential reading for anyone who cares about the Supreme Court and the Constitution, but it is more. It is, simply stated, one of this generation's most important contributions toward preserving the rule of law itself."---Stephen Presser, Northwestern University School of Law "In this timely book, the case against the so-called `living' constitution is so powerfully argued and so clearly presented that it cannot be ignored."---Gordon S. Wood, Brown University
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