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A Natural History Of The Common Law

Author: S. F. C. Milsom
Publisher: Columbia University Press
ISBN: 0231503490
Size: 19.83 MB
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How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom 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. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.

A Continental Distinction In The Common Law

Author: J. W. F. Allison
Publisher: Oxford University Press on Demand
ISBN: 019829865X
Size: 69.86 MB
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This book is the first comprehensive historical and comparative analysis of the emergence of English Public law as a distinct branch of law to govern the state. It explains persistent problems and considers potential reforms by contrasting the development of the innovative and influential French system of public law. It attributes the relative inadequacies of English public law to differences between the English and French legal and political traditions.

A History Of Water Rights At Common Law

Author: Joshua Getzler
Publisher: Oxford University Press on Demand
ISBN: 9780198265818
Size: 78.27 MB
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This volume describes how the courts created rights for land owners and users competing to appropriate water for factories, town supply, drainage, and transport. It covers the period from early times to the late nineteenth century, illustrating the changing common law of property and tort, and throwing new light on the growth of the economy and the social and legal dimensions of technological innovation.Readership: Academics and post-graduate/advanced students in law and legal history. It will also have a readership in economic and social history and also the history of technology.

The Dearest Birth Right Of The People Of England

Author: John W. Cairns
Publisher: Hart Publishing
ISBN: 1841133256
Size: 70.66 MB
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While much fundamental research in the recent past has been devoted to the criminal jury in England to 1800,there has been little work on the nineteenth century, and on the civil jury . This important study fills these obvious gaps in the literature. It also provides a re-assessment of standard issues such as jury lenity or equity, while raising questions about orthodoxies concerning the relationship of the jury to the development of laws of evidence. Moreover, re-assessment of the jury in nineteenth-century England rejects the thesis that juries were squeezed out by judges in favour of market principles. The book contributes a rounded picture of the jury as an institution, considering it in comparison to other modes of fact-finding, its development in both civil and criminal cases, and the significance, both practical and ideological, of its transplantation to North America and Scotland, while opening up new areas of investigation and research.Contributors:John W CairnsRichard D FriedmanJoshua GetzlerRoger D GrootPhilip HandlerDaffydd JenkinsMichael LobbanGrant McLeodMaureen MulhollandJames C OldhamJ R PoleDavid J Seipp

A Concise History Of The Common Law

Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Size: 24.81 MB
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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.