Cambridge Studies in English Legal History – serie
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57 produkter
57 produkter
491 kr
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Fee tails were a basic building block for family landholding from the end of the thirteenth to the beginning of the twentieth century. The classic entail was an interest in land which was inalienable and could only pass at death by inheritance to the lineal heirs of the original grantee. Biancalana's study considers the origins, development and use of the entail in later medieval England, and the origins and early use of a reliable legal mechanism for the destruction of individual entails, the common recovery. He untangles the complex history surrounding medieval landholding in this detailed study of the fee tail, the product of extensive research in original sources. This book includes an extensive index of over three hundred common recoveries with discussions of their transactional contexts. A major work which will interest lawyers and historians.
645 kr
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This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.
563 kr
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This book presents a study of the evolution of a professional judiciary in medieval England through the careers of forty-nine royal justices from the last decade of Henry II until 1239. Those years were crucial for the growth of the common law, producing the two legal treatises Glanvill and Bracton. The period also represents a critical phase in the growth of a professional civil service for England. Professor Turner's study plots the shifts from unspecialized multipurpose royal servants to corps of specialists, concentrating on one sphere. By using the method known as prosopography, the author succeeds in bringing vague outlines of the early royal justices into sharper focus. Although they played a major role in the shaping of English common law, little biographical material has been available. This study, by looking at the judges collectively, succeeds in overcoming the scarcity of sources on individuals and presents a composite picture.
624 kr
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The English common lawyers wielded their greatest influence in the late fifteenth and early sixteenth centuries, with names like Fortescue, Littleton and More. In these years they were more than the only organized lay profession: in the infancy of statute, they, more than anyone, shaped and changed the law; they were the managerial elite of the country; they were the single most dynamic group in society. This book is a study of their formative impact on the whole of English life. Part I examines the legal profession, its position, recruitment, training and career structure, taking as an example the career of Thomas Kebell, a serjeant at-law from Leicestershire, for whom documentation is unusually complete. Part II analyses legal practice: how the lawyer acquired and kept clients, his relationship with them, the pattern of employment, the nature of practice as revealed in the year books, and the attitudes and approaches of the lawyer to the law. The third part considers the impact of the lawyers on substantive law and legal organization.
577 kr
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This study is devoted chiefly to Ellesmere's career and writings as Lord Chancellor, 1603-1617. After an introduction to his life and career from 1541 to 1603, Part One is a study of his role in the legal and political history of Jacobean England. In order to place the analysis of law and politics in a broader context, topics discussed include economics, religion, social customs and thought, in addition to questions concerning the forms of action at common law, disputes between the courts, law and equity, and the political activities of Parliament, the Privy Council, and the Crown. Part Two consists of a critical edition of eight of Ellesmere's little known or unidentified tracts on the royal prerogative, Anglo-Scots Union, the Parliament of 1604-1610, the administration of government, law reform, the ecclesiastical courts, Coke's Law Reports and the Chancery-Common Law conflict.
491 kr
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This book covers the period from the Reformation to the end of Lord Eldon's Chancellorship when the modern law of charity had taken a definite shape. Mr Jones shows how the contemporary religious, economic and social pressures moulded the substantive law and illustrates the importance of procedural considerations in defining the limits of legal charity.
418 kr
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The court of the exchequer, which was the ancient court of tax claims, assumed an equity jurisdiction in the sixteenth century which continued until 1841. This book describes the rise, development and abolition of this part of the court. Professor Bryson begins with a discussion of the rise of the equity side of the court during the reign of Henry VIII or Edward VI and its rapid growth under Elizabeth I. This is followed by a note on the generalizing of its jurisdiction at the beginning of the Interregnum. The third chapter deals with the duties of the principal officers - the lord treasurer, the chancellor of the exchequer, the barons of the exchequer, the king's remembrances, and the eight sworn clerks. The fourth chapter traces the equity procedures and describes the archives, which are now in the Public Record Office in London. This chapter will be useful to those who wish to compare this court with another court of equity or to use the exchequer records. Chapter 5 sets out the reasons for the suppression of the equity jurisdiction. This book supplies important information for the lawyer, the historian and the archivist.
576 kr
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This book is primarily an account of the most familiar and longest lived of English courts during the most critical as well as the most influential period of its history. It describes all aspects of the court's work, personnel, jurisdiction, and constitutional position, throws incidental light on the nature of local administration and government, and examines the thesis that the function of assizes was governmental - as a main channel of communication between central government and provincial authority - as well as being judicial.
394 kr
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Professor Milsom works out a fresh view of the beginnings of the common law concerning land. The received picture depends upon progressive assumptions: key words began with their later meanings; the law began with abstract ideas of property; a tenant's title to his tenement was never subject to his lord's control; the lord had no discretion, only the power to decide disputes according to external criteria; jurisdiction in that sense was all the lord lost as royal remedies developed; and all the tenant gained was better protection of unaltered rights. It is a picture of procedural changes taking place against an unchanging background, with the feudal structure at the beginning almost as insubstantial as it was to be at the end.
443 kr
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Although the Englishmen who crossed the Irish Sea from 1169 onward brought with them their own speech and legal code, the credit for the creation of a firm basis for the alien English Law and legal institutions belongs to King John, when his accession united the Lordship of Ireland with the English Crown. Dr Hand begins his study of English Law in Ireland by tracing its development up to 1290. He confines his detailed analysis, however, to the years 1290-1324, considering the influence of statute law and Irish custom on, and the position of the native Irishman under English Law. This period is chosen partly because almost all justiciary rolls surviving until modern times derived from the early fourteenth century, and partly because those years saw the flowering of medieval Anglo-Irish culture.
The Ancient State Authoritie and Proceedings of the Court of Requests by Sir Julius Caesar
Häftad, Engelska, 2008
552 kr
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Sir Julius Caesar was the servant of Elizabeth I, James I and Charles I, serving as Judge of the High Court of Admiralty, Master of Requests, Chancellor of the Exchequer, Master of the Rolls and Privy Councillor. He also sat in the later Elizabethan parliaments and all but one in James' reign. Throughout his long and active career, Caesar preserved hundreds of volumes of his papers. They are largely in the custody of the British Museum and the text of this edition has been taken from BM Lansdowne MS 125. At the end of the sixteenth century English civilians were pressed to defend themselves and their courts against the judicial monopoly which the common lawyers were asserting. While this has often been regarded as a problem of conflicting legal systems and jurisprudential ideologies, it is apparent from Sir Julius Caesar's work that the questions were far more pragmatic than ideological.
The Judicial Committee of the Privy Council 1833-1876
Its Origins, Structure and Development
Häftad, Engelska, 2008
443 kr
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In the nineteenth century, the Judicial Committee of the Privy Council, the supreme appellate tribunal for the British Empire, held sway over the lives, liberties and property of more than a quarter of the world's inhabitants, for it had the duty of hearing and determining appeals from some 150 colonial, Indian, Admiralty, Vice-Admiralty, prize, ecclesiastical and consular jurisdictions. It also had to dispose of certain patent and copyright matters and appeals from the Channel Islands and the Isle of Man and was obliged to hear and report on 'any... other matter whatsoever' that the Crown might think fit to refer to it. This remarkable court could hear every kind of cause, international, constitutional, civil or criminal, and, in contrast to the supreme appellate tribunals which have served other empires, it had to construe and apply many different systems of law.
482 kr
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This book, a study of the principal appellate court in the English civil law hierarchy, the High Court of Delegates, examines the history, jurisdiction, procedure, personnel and records of the court from the mid-sixteenth century until its abolition in 1832. In an introductory historical survey, the author considers the earlier provisions for civil law appeal, the circumstances surrounding the creation of the Court of Delegates, and its history from the mid-sixteenth century until 1832. After a general discussion of the jurisdiction of the court, Dr Duncan goes on to a detailed discussion of several jurisdictional problems: in particular he deals with the relationship between the Court of Delegates and certain other Judicial bodies, and with the extent of the Court's original jurisdiction. He devotes two chapters to commissions of delegacy and commissions of review, analysing the rules which governed the right of a party to appeal to the Court of Delegates, and also to appeal from a decision of that Court. The central portion of the book is devoted to procedure: the various stages through which an appeal passed are set out in detail, and particular attention is paid to the taking of evidence.
394 kr
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The history of the family has become an area of great interest, yet the property arrangements entered into upon marriage, a crucial aspect of the process of familial wealth transmission and distribution in the landed classes in early modern England, have never been systematically studied. In the light of evidence provided by hitherto unused family muniments, Dr Bonfield analyses the legal, social and economic aspects of these settlements, and discusses the development and impact of the strict settlement.
467 kr
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Nineteenth-century governments faced considerable challenges from the rapid, novel and profound changes in social and economic conditions resulting from the industrial revolution. In the context of an increasingly sophisticated and complex government, from the 1830s the specialist and largely lay statutory tribunal was conceived and adopted as the principal method of both implementing the new regulatory legislation and resolving disputes. The tribunal's legal nature and procedures, and its place in the machinery of justice, were debated and refined throughout the Victorian period. In examining this process, this 2007 book explains the interaction between legal constraints, social and economic demand and political expediency that gave rise to this form of dispute resolution. It reveals the imagination and creativity of the legislators who drew on diverse legal institutions and values to create the new tribunals, and shows how the modern difficulties of legal classification were largely the result of the institution's nineteenth-century development.
1 484 kr
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This study of the documents used in medieval England for the creation and transfer of interests in real property is the first book devoted exclusively to the subject since the publication of Thomas Madox's Formulare Anglicanum in 1702. The transactions covered include grants in fee and in perpetual alms, leases for life and for years, exchanges, surrenders and releases. Analysis of each kind of transaction is partly by way of commentary on the formulae of deeds, selected from the many thousands found in published cartularies and collections, and partly by relating the deeds to the relevant law of their periods, as found in early treatises, decided cases and the Year Books. The aim is to enable readers to identify and categorise deeds accurately, to appreciate their legal effects and to note instances where the practice of conveyancers and their clients differed from what is supposed to have been the law.
394 kr
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The six chapters of this book were originally delivered as lectures at the University of Cambridge. They were commissioned in commemoration of the hundredth anniversary of the birth of Frederic William Maitland (1850-1906). With the exception of the first chapter, the lectures in this volume were printed for the first time in 1958 with the help of the Selden Society. It is this edition which is reproduced here. In his preface, T. F. T. Plucknett observes that the theme of his lectures was 'to learn from Maitland's writings, not merely the results he acquired but the method and inspiration of his work'. This revival hopes to allow a new generation of scholars and enthusiasts to discover Maitland's influential legacy.
564 kr
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This reinterpretation of the legal status of foreigners in medieval England boldly rejects the canonical view which has for centuries dominated the imagination of historians and laymen alike. Keechang Kim proposes an understanding of the genesis of the modern legal regime and the important distinction between citizens and non-citizens. Making full use of medieval and early modern sources, Kim offers a compelling argument that the late medieval changes in legal treatment of foreigners are vital to an understanding of the shift of focus from status to the State, and that the historical foundation of the modern state system should be sought in this shift of outlook. The book contains a re-evaluation of the legal aspects of feudalism, examining, in particular, how the feudal legal arguments were transformed by the political theology of the Middle Ages to become the basis of the modern legal outlook.
Literary Copyright Reform in Early Victorian England
The Framing of the 1842 Copyright Act
Häftad, Engelska, 2011
467 kr
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Talfourd's first Copyright Bill was presented in 1837, and the public and Parliamentary controversy it provoked is reflected in contemporary pamphlets, correspondence, and hundreds of petitions presented to Parliament, as well as in the changing aims of the bill itself. In addition to the expected debate as to the nature of literary property and the economic effects on the publishing trade, discussion of copyright law raised broader questions; the relative values of literature and science, the importance of public education, the dangers of monopolies, and the nature of public interest. In a period of social, political and technological upheaval, these were incendiary matters. Talfourd audaciously demanded not only a considerable extension of copyright term, but also international protection. This book explores and sets in context the making of the Copyright Act 1842, using it to illuminate enduring issues and difficulties in the legal concept of intellectual property.
552 kr
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This 1999 book was the first full-length account of the county court, which in contemporary English life has become the main forum for most civil disputes. It began as the 'poor man's court', largely concerned with the pursuit of working-class debtors; but, as this book shows, it has expanded far beyond its origins as an agency `for the more easy recovery of small debts' and now includes in its jurisdiction a diverse range of matters, including housing, accidents and consumer goods. Drawing on a wide range of sources, the author traces the history of the county court from its creation in 1846 through to the reconstruction of the court system in 1971. He describes its organisation and officers, from judges to bailiffs, and discusses the roles of judges, practising lawyers and lay persons. The text is an intriguing engagement with themes including access to justice.
491 kr
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In The Law of Evidence in Victorian England, which was originally published in 1997, Christopher Allen provides a fascinating account of the political, social and intellectual influences on the development of evidence law during the Victorian period. His book sets out to challenge the traditional view of the significance of Jeremy Bentham's critique of the state of contemporary evidence law, and shows how statutory reforms were achieved for reasons that had little to do with Bentham's radical programme, and how evidence law was developed by common law judges in a way diametrically opposed to that advocated by Bentham. Dr Allen's meticulous account provides a wealth of detail into the functioning of courts in Victorian England, and will appeal to everyone interested in the English legal system during this period.
523 kr
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Between the mid-fifteenth and mid-sixteenth century Prerogativa Regis, a central text of fiscal feudalism, was introduced into the curriculum of the Inns of Court, developed, and then abandoned. This book argues that while lawyers often turned their attention to the text when political and financial issues brought it to the fore, they sought to maintain an intellectual consistency and coherence in the law. Discussions of both substance and procedure demonstrate how readers reflected the concerns of their time in the topics they chose to consider and how they drew on the learning of both their predecessors and their peers at the Inns. The first study based primarily on readings, this book threw light on legal education, early Tudor financial and administrative procedure, and the relationship between the ways that law was made, taught and used.
An Introduction to the History and Records of the Courts of Wards and Liveries
Häftad, Engelska, 2012
394 kr
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Originally published in 1953, this book provides a comprehensive analysis of the Court of Wards and Liveries. The court was established on 1540 as a means of administering the system of feudal dues, it was additionally responsible for wardship and livery issues. Formally abolished in 1660, the court had previously ceased to have a function due to the abolition of feudal tenures by the Long Parliament in 1646. Consummately researched, the text was compiled by the author during a period of employment by the Public Record Office, this allowed for extensive access to the Court's records and other important documentation.
467 kr
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This study of the documents used in medieval England for the creation and transfer of interests in real property is the first book devoted exclusively to the subject since the publication of Thomas Madox's Formulare Anglicanum in 1702. The transactions covered include grants in fee and in perpetual alms, leases for life and for years, exchanges, surrenders and releases. Analysis of each kind of transaction is partly by way of commentary on the formulae of deeds, selected from the many thousands found in published cartularies and collections, and partly by relating the deeds to the relevant law of their periods, as found in early treatises, decided cases and the Year Books. The aim is to enable readers to identify and categorise deeds accurately, to appreciate their legal effects and to note instances where the practice of conveyancers and their clients differed from what is supposed to have been the law.
1 553 kr
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In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to demonstrate the extent to which, contrary to received wisdom, Roman canon law survived in England after the upheavals of the Protestant Reformation. R. H. Helmholz provides an extensive examination of the manuscript records of the ecclesiastical courts and professional literature of the English civilians. Rebutting the views of Maitland and others, he shows how English looked to the Continent for guidance and authority in administering the system of justice they had inherited from the Middle Ages. Intellectual links between England and the Continent are shown to have survived the Reformation and the abolition of papal jurisdiction. The extent to which papal material was still used in England during the sixteenth and seventeenth centuries will interest all readers and surprise many.
The Early History of the Law of Bills and Notes
A Study of the Origins of Anglo-American Commercial Law
Inbunden, Engelska, 1995
1 145 kr
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This study traces the history of the law of bills and notes in England from medieval times to the period in the late eighteenth and early nineteenth centuries when bills played a central role in the domestic and international financial system. It challenges the traditional theory that English commercial law developed by incorporation of the concept of negotiability and other rules from an ancient body of customary law known as the law merchant. Rogers shows that the law of bills was developed within the common law system itself, in response to changing economic and business practices. This account draws on economic and business history to explain how bills were actually used and to examine the relationship between the law of bills and economic and social controversies.
1 387 kr
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This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.
The Early History of the Law of Bills and Notes
A Study of the Origins of Anglo-American Commercial Law
Häftad, Engelska, 2004
491 kr
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This study traces the history of the law of bills and notes in England from medieval times to the period in the late eighteenth and early nineteenth centuries when bills played a central role in the domestic and international financial system. It challenges the traditional theory that English commercial law developed by incorporation of the concept of negotiability and other rules from an ancient body of customary law known as the law merchant. Rogers shows that the law of bills was developed within the common law system itself, in response to changing economic and business practices. This account draws on economic and business history to explain how bills were actually used and to examine the relationship between the law of bills and economic and social controversies.
382 kr
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Sir Henry Maine died in 1888 and since then his ideas have been used by lawyers, historians, sociologists and many others. This is the first book to concentrate upon what he said about the law itself, and, as such, it explores the pioneering work Maine did in explaining law not by reference to abstract analysis but by placing it firmly in its social and historical context. Instead of concentrating on concepts such as sovereignty he looked at the realities of law as it was practised by professionals and experienced by laymen. The result was a controversial achievement stressing the reforming duties of jurists and citizens at times of social change. This is neither a conventional biography nor an abstract analysis of Maine's thought, but a demonstration of the contemporary context and significance of his views.
626 kr
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In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to demonstrate the extent to which, contrary to received wisdom, Roman canon law survived in England after the upheavals of the Protestant Reformation. R. H. Helmholz provides an extensive examination of the manuscript records of the ecclesiastical courts and professional literature of the English civilians. Rebutting the views of Maitland and others, he shows how English looked to the Continent for guidance and authority in administering the system of justice they had inherited from the Middle Ages. Intellectual links between England and the Continent are shown to have survived the Reformation and the abolition of papal jurisdiction. The extent to which papal material was still used in England during the sixteenth and seventeenth centuries will interest all readers and surprise many.