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Civil law --- History --- Civil law - England - History - Sources --- Civil law - Wales - History - Sources
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Equity --- Evidence (Law) --- History --- Equity - England - History --- Evidence (Law) - England - History
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Criminal law --- History --- Philosophy --- Criminal law - England - History --- Criminal law - England - Philosophy --- Criminal law - Philosophy
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How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law-the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases-from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.
Common law --- History --- History. --- Common law -- England -- History. --- Common law - England - History. --- Common law -- England. --- Common law - History. --- Common law -- History. --- Common law. --- Anglo-American law --- Law, Anglo-American --- Customary law
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Water rights --- Common law --- Industrial revolution --- History --- History. --- Water rights - England - History --- Common law - England - History --- Industrial revolution - England
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This title contains a broad range of essays by prominent legal historians, which explore the ways in which history has been used by lawyers.
Law --- Droit --- History. --- Histoire --- History --- Legal history --- History and criticism --- Law, Politics & Government --- Law, General & Comparative --- Law - History --- Law - England - History --- Colloque --- Londres
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The essays in this volume in honour of Paul Brand, Senior Research Fellow of All Souls College, Oxford, match his career and interests in the world of legal history as well as medieval social and economic history and textual studies. The topics explored include the Angevin reforms, legal literature, the legal profession and judiciary, land law, the relation between the crown and the Jews, the interaction of the Common Law with Canon and Civil Law, as well as procedural and testamentary procedures, the management of both ecclesiastical and lay estates and the afterlife of medieval learning. Like Brand’s own work, all the essays are grounded on detailed studies of primary sources. The result is a high quality scholarly book that will be of interest and use to medieval scholars, students and non-specialists with wide-ranging and varied interests. Contributors include Sir John H. Baker*, David Carpenter, David Crook, Charles Donahue, Jr, Barbara Harvey, Richard H. Helmholz, John Hudson, Paul Hyams, David J. Ibbetson, Susanne Jenks, Janet S. Loengard, Alexandra Nicol, Bruce R. O'Brien, Robert C. Palmer, Sandra Raban, Jonathan Rose, Henry Summerson and Sarah Tullis. *Professor Jon Baker is the winner of the American Society for Legal History’s 2013 Sutherland Prize. The prize, which is awarded annually, is for the best article on English legal history published in the previous year. The Prize was awarded to John baker for his article “Deeds Speak Louder Than Words: Covenants and the Law of Proof, 1290-1321' in Laws, Lawyers and Texts: Studies in Medieval Legal History in Honour of Paul Brand, edition Susanne Jenks, Jonathan Rose and Christopher Whittick (2012). For more information about the Prize see: http://aslh.net/about-aslh/honors-awards-and-fellowships/sutherland-prize/
Law --- Practice of law --- Law, Medieval. --- Law. --- Practice of law. --- History --- To 1500. --- England. --- Law -- England -- History -- To 1500. --- Law, Medieval -- History. --- Practice of law -- England -- History -- To 1500. --- Law, Medieval --- Law - Non-U.S. --- Law, Politics & Government --- Law - Great Britain --- Law practice --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Medieval law --- Practice --- Jurisprudence --- Legislation --- LAW / Administrative Law & Regulatory Practice.
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Theorizing Legal Personhood in Late Medieval England is a collection of eleven essays that explore what might be distinctly medieval and particularly English about legal personhood vis-à-vis the jurisdictional pluralism of late medieval England. Spanning the mid-thirteenth to the mid-sixteenth centuries, the essays in this volume draw on common law, statute law, canon law and natural law in order to investigate emerging and shifting definitions of personhood at the confluence of legal and literary imaginations. These essays contribute new insights into the workings of specific literary texts and provide us with a better grasp of the cultural work of legal argument within the histories of ethics, of the self, and of Eurocentrism. Contributors are Valerie Allen, Candace Barrington, Conrad van Dijk, Toy Fung Tung, Helen Hickey, Andrew Hope, Jana Mathews, Anthony Musson, Eve Salisbury, Jamie Taylor and R.F. Yeager.
Law --- Personality (Law) --- Law and literature --- Literature and law --- Literature --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- History --- Law - England - History - To 1500 --- Personality (Law) - England - History - To 1500 --- Law and literature - England - History - To 1500
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Public law. --- Public law --- Law --- Constitutional history --- History. --- Political aspects. --- Public law - England - History. --- Law - Political aspects. --- Constitutional history - England. --- Legal theory and methods. Philosophy of law --- Theory of the state
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Some of the earliest examples of medieval canon law are penitentials - texts enumerating the sins a confessor might encounter among laypeople or other clergy and suggesting means of reconciliation. Often they gave advice on matters of secular law as well, offering judgments on the proper way to contract a marriage or on the treatment of slaves. This book argues that their importance to more general legal-historical questions, long suspected by historians but rarely explored, is most evident in an important (and often misunderstood) subgroup of the penitentials: composed in Old English. Though based on Latin sources - principally those attributed to Theodore, Archbishop of Canterbury (d.690) and Halitgar of Cambrai (d.831) - these texts recast them into new ordinances meant to better suit the needs of English laypeople. The Old English penitentials thus witness to how one early medieval polity established a tradition of written vernacular law.
Law -- England -- History. --- Law, Anglo-Saxon. --- Law. --- Law, Anglo-Saxon --- Law --- Law - Non-U.S. --- Law, Politics & Government --- Law - Great Britain --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Anglo-Saxon law --- History --- History.
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