The Origin And Growth Of The Common Law In England And America
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Author | : Kunal M. Parker |
Publisher | : Cambridge University Press |
Total Pages | : 318 |
Release | : 2011-03-14 |
Genre | : History |
ISBN | : 9780521519953 |
This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.
Author | : Theodore Frank Thomas Plucknett |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 828 |
Release | : 2001 |
Genre | : Common law |
ISBN | : 1584771372 |
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author | : Fenton H. Ramsahoye |
Publisher | : |
Total Pages | : 340 |
Release | : 1966 |
Genre | : |
ISBN | : 9780379002805 |
Author | : Matthew Hale |
Publisher | : |
Total Pages | : 586 |
Release | : 1820 |
Genre | : Civil law |
ISBN | : |
Author | : Paul Brand |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2012-01-12 |
Genre | : Law |
ISBN | : 1139505572 |
In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
Author | : Harry Potter |
Publisher | : Boydell & Brewer Ltd |
Total Pages | : 364 |
Release | : 2015 |
Genre | : History |
ISBN | : 178327011X |
A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
Author | : John Hudson |
Publisher | : Routledge |
Total Pages | : 309 |
Release | : 2017-08-07 |
Genre | : History |
ISBN | : 1351669974 |
The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest. Containing a new chapter charting the Anglo-Saxon period, as well as a fully revised Further Reading section, this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law.
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.
Author | : Oliver Wendell Holmes |
Publisher | : |
Total Pages | : 448 |
Release | : 1909 |
Genre | : Common law |
ISBN | : |
Author | : Justinian I (Emperor of the East) |
Publisher | : Cornell University Press |
Total Pages | : 164 |
Release | : 1987 |
Genre | : History |
ISBN | : 9780801494000 |