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History Of The Common Law

Author: John H. Langbein
Publisher: Aspen Publishers
ISBN:
Size: 56.54 MB
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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]

Criminal Law

Author: Guyora Binder
Publisher: Oxford University Press
ISBN: 0190621036
Size: 63.96 MB
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Many controversies in American criminal law reflect the tension between older and newer conceptions of the purposes of punishment. The English common law of crimes enforced a royal peace by conditioning punishment on unauthorized force and harm to particular victims. The story of American criminal law has been the emergence of a more utilitarian conception of criminal offending as the imposition of risk or the violation of consent, combined with culpability. This conception is reflected in the Model Penal Code and many state codes. Yet understanding contemporary criminal law requires that we also remember the model of offending as trespass against sovereignty out of which it emerged. The Oxford Introductions to U.S. Law: Criminal Law reviews the development of American criminal law and explains its key concepts and persistent controversies in light of its history. These key concepts include retribution and prevention as purposes of punishment; the requirements of a criminal act and a culpable mental state; criteria of causal responsibility; modes of violating consent; inchoate offenses, including attempt and conspiracy; doctrines of participation in crime; and defenses of justification and excuse.

Prosecuting Crime In The Renaissance

Author: John H. Langbein
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775777
Size: 61.87 MB
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Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut fur Europaische Rechtsgeschichte and the Max-Planck-Institut fur Auslandisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991)."

The Oxford Handbook Of Legal History

Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513141
Size: 40.77 MB
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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Common Law

Author: Oliver Wendell Holmes
Publisher:
ISBN: 9783428121519
Size: 39.72 MB
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Independent Directors In Japan

Author: Torsten Spiegel
Publisher: Mohr Siebeck
ISBN: 9783161556906
Size: 64.15 MB
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English summary: Japanese stock companies have so far largely been isolated from outside influence. So how does the introduced independent director mechanism fit into the country's closed system of corporate governance? Torsten Spiegel offers a comparative analysis of the situation, taking into account both the current state of implementation and the mechanism's institutional framework. German description: Die effektive Uberwachung der Geschaftsfuhrung stellt das Kernproblem einer jeden Aktiengesellschaft dar. Ein Instrument zum Ausgleich der Uberwachungsdefizite ist der unabhangige Direktor. Er gehort weltweit zum Standard guter Corporate Governance, ist jedoch zunehmend in die Kritik geraten. Seine Rezeption in Japan hat demgegenuber erst in jungerer Vergangenheit vor dem Hintergrund des Wirtschaftsprogramms Abenomics an Fahrt aufgenommen. Torsten Spiegel geht der Frage nach, wie sich der unabhangige Direktor in das bislang weitgehend vor unternehmensexternem Einfluss abgeschottete System der Corporate Governance in Japan einfugt. Er leitet aus seinen rechtsvergleichenden Untersuchungen zu den USA, dem Vereinigten Konigreich und Deutschland ein Analysekonzept ab. Anhand dessen untersucht er sowohl die strukturellen Rahmenbedingungen als auch die bisherige Ausgestaltung des unabhangigen Direktors in Japan.