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: 1107040760

This book considers the development of contract law doctrine in England from 1670 to 1870.

Landmark Cases in the Law of Punitive Damages

Landmark Cases in the Law of Punitive Damages
Author: James Goudkamp
Publisher: Bloomsbury Publishing
Total Pages: 421
Release: 2023-12-28
Genre: Law
ISBN: 150996701X

Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.

New Perspectives on Medieval Scotland, 1093-1286

New Perspectives on Medieval Scotland, 1093-1286
Author: Matthew Hammond
Publisher: Boydell & Brewer Ltd
Total Pages: 274
Release: 2013
Genre: History
ISBN: 1843838532

The essays collected here consider the changes and development of Scotland at a time of considerable flux in the 12th and 13th centuries.

Criminal Jury Old and New

Criminal Jury Old and New
Author: John Hostettler
Publisher: Waterside Press
Total Pages: 171
Release: 2004-09-01
Genre: Law
ISBN: 190653408X

This text looks at great historical, political, social and legal landmarks to show how the jury evolved to become a key democratic institution resisting attacks, pressure, interference, legal imperatives, and on occasion, apparently compelling law or evidence. Bridging past and present, the author conveys the unique nature of the jury, its central role in the administration of justice and its importance as a barrier to manipulation, oppression and abuse.

The Legal Understanding of Slavery

The Legal Understanding of Slavery
Author: Jean Allain
Publisher: Oxford University Press on Demand
Total Pages: 415
Release: 2012-09-27
Genre: Law
ISBN: 0199660468

This book examines how slavery is understood in law. It shows how the legal definition of slavery has evolved and continues to be contentious. It traces the understanding of slavery from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including forced labour and trafficking in persons.

How Law Knows

How Law Knows
Author: Martha Merrill Umphrey
Publisher: Stanford University Press
Total Pages: 244
Release: 2007
Genre: Law
ISBN: 9780804755252

"The chapters in this book were originally prepared ... during the 2004-2005 academic year."--Acknowledgments.

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: 1509931260

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.

Courts, Jurisdictions, and Law in John Milton and His Contemporaries

Courts, Jurisdictions, and Law in John Milton and His Contemporaries
Author: Alison A. Chapman
Publisher: University of Chicago Press
Total Pages: 231
Release: 2020-10-10
Genre: History
ISBN: 022672932X

John Milton is widely known as the poet of liberty and freedom. But his commitment to justice has been often overlooked. As Alison A. Chapman shows, Milton’s many prose works are saturated in legal ways of thinking, and he also actively shifts between citing Roman, common, and ecclesiastical law to best suit his purpose in any given text. This book provides literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England and brings to light Milton’s use of the various legal systems and vocabularies of the time—natural versus positive law, for example—and the differences between them. Surveying Milton’s early pamphlets, divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton’s contemporaries—including George Herbert, John Donne, Ben Jonson, and John Bunyan—Chapman reveals the variety and nuance in Milton’s juridical toolkit and his subtle use of competing legal traditions in pursuit of justice.

History of the Common Law

History of the Common Law
Author: John H. Langbein
Publisher: Aspen Publishing
Total Pages: 1310
Release: 2009-08-14
Genre: Law
ISBN: 0735596042

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.

The Jury: a Very Short Introduction

The Jury: a Very Short Introduction
Author: Renée Lettow Lerner
Publisher: Oxford University Press
Total Pages: 177
Release: 2023-02-28
Genre: Jury
ISBN: 0190923911

"I owe a great debt to the many jurors, judges, lawyers, trial consultants, historians, and academics around the world from whom I have had the pleasure of learning about the jury. Traci Emerson Spackey of the George Washington University Law Library provided extraordinarily creative and effective help in locating images and other sources. Clifford Ando gave valuable recommendations about sources for the ancient world, and Daniela Cammack kindly provided drafts of her now-published article about Athenian juries. Trial lawyer Bobby Burchfield generously gave detailed and deeply knowledgeable comments on the manuscript. Karen Wahl provided expert assistance locating sources. I thank Morgan Reinhardt for allowing me to use her research on jury forepersons, and Anna Offit, her law professor, for guiding me to her and for comparative work on juries. Anna Caraveli and Jonathan Chaves, my colleague at George Washington University, made important suggestions and pointed out places in which non-lawyers needed further explanation of legal concepts. My daughter Anna Lerner provided the perspective of a younger reader and gently let her mother know where improvements would be helpful. For decades, John Langbein has been a constant source of insight about juries. I am grateful to Akhil Amar for first sparking, and then encouraging, my interest in the subject, and for his vibrant work. My husband Craig Lerner gave unceasing encouragement and invaluable advice"--