A History of the County Court, 1846–1971

A History of the County Court, 1846–1971
Author: Patrick Polden
Publisher: Cambridge University Press
Total Pages: 427
Release: 1999-11-04
Genre: Law
ISBN: 1139431269

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.

Law and Society in England 1750-1950

Law and Society in England 1750-1950
Author: William Cornish
Publisher: Bloomsbury Publishing
Total Pages: 781
Release: 2019-10-31
Genre: Law
ISBN: 1509931252

Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.

The Tudor Sheriff

The Tudor Sheriff
Author: Jonathan McGovern
Publisher: Oxford University Press
Total Pages: 316
Release: 2022-01-21
Genre: History
ISBN: 0192848240

Sheriffs were among the most important local office-holders in early modern England. They were generalist officers of the king responsible for executing legal process, holding local courts, empanelling juries, making arrests, executing criminals, collecting royal revenue, holding parliamentary elections, and many other vital duties. Although sheriffs have a cameo role in virtually every book about early modern England, the precise nature of their work has remained something of a mystery. The Tudor Sheriff offers the first comprehensive analysis of the shrieval system between 1485 and 1603. It demonstrates that this system was not abandoned to decay in the Tudor period, but was effectively reformed to ensure its continued relevance. Jonathan McGovern shows that sheriffs were not in competition with other branches of local government, such as the Lords Lieutenant and justices of the peace, but rather cooperated effectively with them. Since the office of sheriff was closely related to every other branch of government, a study of the sheriff is also a study of English government at work.

Introduction to English Legal History

Introduction to English Legal History
Author: John Baker
Publisher: Oxford University Press
Total Pages: 835
Release: 2019-03-26
Genre: Law
ISBN: 0192540742

Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.

Judges on Trial

Judges on Trial
Author: Shimon Shetreet
Publisher: Cambridge University Press
Total Pages: 495
Release: 2013-10-24
Genre: Law
ISBN: 1107470064

The second edition of Judges on Trial articulates the rules, assumptions and practices which shape the culture of independence of the English judiciary today. Enhanced by interviews with English judges, legal scholars and professionals, it also outlines the factors that shape the modern meaning of judicial independence. The book discusses the contemporary issues of judicial governance, judicial appointments, the standards of conduct on and off the bench, the discipline and liability of judges and the relationship between judges and the media. It is accessible to an international audience of lawyers, political scientists and judges beyond the national realm.

Explaining Tort and Crime

Explaining Tort and Crime
Author: Matthew Dyson
Publisher: Cambridge University Press
Total Pages: 559
Release: 2022-07-21
Genre: Law
ISBN: 1009302922

Tracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault doctrine across tort and crime, and to chart and explain three procedural interfaces: criminal powers to compensate, timing rules to control parallel actions, and convictions as evidence in later civil cases. Matthew Dyson draws on decades of research to offer an analysis of the field, examining patterns of legal development, visible as motifs in the law of many legal systems.

Personal Insolvency in the 21st Century

Personal Insolvency in the 21st Century
Author: Iain Ramsay
Publisher: Bloomsbury Publishing
Total Pages: 221
Release: 2017-05-04
Genre: Law
ISBN: 1509900985

Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.

Liberty and Authority in Victorian Britain

Liberty and Authority in Victorian Britain
Author: Peter Mandler
Publisher: Oxford University Press, USA
Total Pages: 267
Release: 2006-07-20
Genre: History
ISBN: 019927133X

Victorian Britain is often considered as the high point of 'laissez-faire', the place and the time when people were most 'free' to make their own lives without the aid or interference of the State. This book explores the truth of that assumption and what it might mean. It considers what the Victorian State did or did not do, what were the prevailing definitions and practices of 'liberty', what other sources of discipline and authority existed beyond the State to structure people'slives - in sum, what were the broad conditions under which such a profound belief in 'liberty' could flourish, and a complex society be run on those principles. Contributors include leading scholars in British political, social and cultural history, so that 'liberty' is seen in the round, not justas a set of ideas or of political slogans, but also as a public and private philosophy that structured everyday life. Consideration is also given to the full range of British subjects in the nineteenth century - men, women, people of all classes, from all parts of the British Isles - and to placing the British experience in a global and comparative perspective.

The Law of Contract 1670–1870

The Law of Contract 1670–1870
Author: Warren Swain
Publisher: Cambridge University Press
Total Pages: 363
Release: 2015-02-12
Genre: Law
ISBN: 1316240002

The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.