The Historians of Anglo-American Law

The Historians of Anglo-American Law
Author: Sir William Searle Holdsworth
Publisher:
Total Pages: 192
Release: 1928
Genre: Law
ISBN:

Deals with the Professional Tradition of the historical development of English law as it influences the historians of Anglo-American law.

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.

A History of the Anglo-American Common Law of Contract

A History of the Anglo-American Common Law of Contract
Author: Kevin M. Teeven
Publisher: Praeger
Total Pages: 0
Release: 1990-10-24
Genre: Law
ISBN: 0313261512

This first booklength survey of the 800-year evolution of Anglo-American common law contract begins in 12th-century England and extends to contemporary America, focusing on how procedural, economic, intellectual, and social considerations tempered the form of contract law and analyzing the thought of lawyers and judges throughout the period. Covers Plantagenet royal courts in England to contract law in the context of American urban, industrialized society; reviews public policy, consumerism, and codification; and poses questions about the future direction of contract law.

By Birth or Consent

By Birth or Consent
Author: Holly Brewer
Publisher: UNC Press Books
Total Pages: 407
Release: 2012-12-01
Genre: History
ISBN: 0807839124

In mid-sixteenth-century England, people were born into authority and responsibility based on their social status. Thus elite children could designate property or serve in Parliament, while children of the poorer sort might be forced to sign labor contracts or be hanged for arson or picking pockets. By the late eighteenth century, however, English and American law began to emphasize contractual relations based on informed consent rather than on birth status. In By Birth or Consent, Holly Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. As it emerged through religious, political, and legal debates, the concept of meaningful consent challenged the older order of birthright and became central to the development of democratic political theory. The struggle over meaningful consent had tremendous political and social consequences, affecting the whole order of society. It granted new powers to fathers and guardians at the same time that it challenged those of masters and kings. Brewer's analysis reshapes the debate about the origins of modern political ideology and makes connections between Reformation religious debates, Enlightenment philosophy, and democratic political theory.

Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century

Roman and Civil Law and the Development of Anglo-American Jurisprudence in the Nineteenth Century
Author: Michael H. Hoeflich
Publisher: University of Georgia Press
Total Pages: 221
Release: 1997
Genre: Law
ISBN: 0820318396

Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.

English Common Law in the Age of Mansfield

English Common Law in the Age of Mansfield
Author: James Oldham
Publisher: Univ of North Carolina Press
Total Pages: 445
Release: 2005-12-15
Genre: Law
ISBN: 0807864005

In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

The Historians of Anglo-American Law

The Historians of Anglo-American Law
Author: Sir William Searle Holdsworth
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 182
Release: 1994
Genre: Law
ISBN: 0963010697

Beginning with Coke and Selden, Holdsworth surveys the work of the great practitioners of Anglo-American legal history. Originally published: New York: Columbia University Press, 1928. 175 pp. "In this reprint of lectures delivered by the learned author in the United States of America, the course of the literature of Anglo-American legal history is portrayed in an illuminating fashion. Pursuing a chronological sequence, the lectures survey the effect of the historical tradition of the common lawyers before legal history began to be written, in which class the learned author puts the work of Coke, passing on to the more historical work of the later authors of whom the first appears to be Selden, while the last include the names of several living writers, both English and American. (...) [N]o one interested in the growth of Anglo-American law can fail to read with pleasure and profit this stimulating treatment of the development of legal history." --Law Quarterly Review 44: 392. WILLIAM S. HOLDSWORTH [1871-1944] was a professor at the University of Cambridge from 1903-1908 and Vinerian Professor of English Law at Oxford from 1922-1944. He is well-known for his monumental A History of English Law (1903-1966) and other works, such as Charles Dickens as a Legal Historian (1929) and Some Makers of English Law (1938).

Law and Order in Anglo-Saxon England

Law and Order in Anglo-Saxon England
Author: Thomas Benedict Lambert
Publisher: Oxford University Press
Total Pages: 407
Release: 2017
Genre: History
ISBN: 019878631X

Law and Order in Anglo-Saxon England explores English legal culture and practice across the Anglo-Saxon period, beginning with the essentially pre-Christian laws enshrined in writing by King AEthelberht of Kent in c. 600 and working forward to the Norman Conquest of 1066. It attempts to escape the traditional retrospective assumptions of legal history, focused on the late twelfth-century Common Law, and to establish a new interpretative framework for the subject, more sensitive to contemporary cultural assumptions and practical realities. The focus of the volume is on the maintenance of order: what constituted good order; what forms of wrongdoing were threatening to it; what roles kings, lords, communities, and individuals were expected to play in maintaining it; and how that worked in practice. Its core argument is that the Anglo-Saxons had a coherent, stable, and enduring legal order that lacks modern analogies: it was neither state-like nor stateless, and needs to be understood on its own terms rather than as a variant or hybrid of these models. Tom Lambert elucidates a distinctively early medieval understanding of the tension between the interests of individuals and communities, and a vision of how that tension ought to be managed that, strikingly, treats strongly libertarian and communitarian features as complementary. Potentially violent, honour-focused feuding was an integral aspect of legitimate legal practice throughout the period, but so too was fearsome punishment for forms of wrongdoing judged socially threatening. Law and Order in Anglo-Saxon England charts the development of kings' involvement in law, in terms both of their authority to legislate and their ability to influence local practice, presenting a picture of increasingly ambitious and effective royal legal innovation that relied more on the cooperation of local communal assemblies than kings' sparse and patchy network of administrative officials.