The Common Law And English Jurisprudence 1760 1850
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The Common Law And English Jurisprudence 1760 1850
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Author : Michael Lobban
language : en
Publisher: OUP Oxford
Release Date : 1991
The Common Law And English Jurisprudence 1760 1850 written by Michael Lobban and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with History categories.
In this book, Michael Lobban argues that a proper understanding of English law and jurisprudence in the period is needed to clarify the nature of common-law practice and the way in which it was envisaged by its practitioners. He questions some commonly-accepted views of the nature of thecommon law itself and argues that attempts - notably those by Blackstone and Bentham - to expound or to criticize common law in essentially theoretical terms were mistaken. His approach is not a philosophically-based one, but he is concerned with the evolution and spread of judicial ideas which weregrounded upon the work of moral and political philosophers, and makes a valuable corrective contribution to our historical understanding of a critically important period in legal history.
Networks And Connections In Legal History
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Author : Michael Lobban
language : en
Publisher: Cambridge University Press
Release Date : 2020-09-03
Networks And Connections In Legal History written by Michael Lobban and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-03 with Law categories.
Explores networks of lawyers, legislators and litigators, and how they shape legal development in Britain and the world.
The British And Their Laws In The Eighteenth Century
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Author : David Lemmings
language : en
Publisher: Boydell Press
Release Date : 2005
The British And Their Laws In The Eighteenth Century written by David Lemmings and has been published by Boydell Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with History categories.
New analysis and interpretation of law and legal institutions in the "long eighteenth century". Law and legal institutions were of huge importance in the governance of Georgian society: legislation expanded the province of administrative authority out of all proportion, while the reach of the common law and its communal traditions of governance diminished, at least outside British North America. But what did the rule of law mean to eighteenth-century people, and how did it connect with changing experiences of law in all their bewildering complexity?This question has received much recent critical attention, but despite widespread agreement about Law's significance as a key to unlock so much which was central to contemporary life, as a whole previous scholarship has only offered a fragmented picture of the Laws in their social meanings and actions. Through a broader-brush approach, The British and their Laws in the Eighteenth Century contributes fresh analyses of law in England andBritish settler colonies, c. 1680-1830; its expert contributors consider among other matters the issues of participation, central-local relations, and the maintenance of common law traditions in the context of increasing legislative interventions and grants of statutory administrative powers. Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS KONIG, BRUCE KERCHER
Scholars Of The Law
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Author : Richard A. Cosgrove
language : en
Publisher: NYU Press
Release Date : 1996-04-01
Scholars Of The Law written by Richard A. Cosgrove and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-04-01 with Law categories.
Law has been the missing link in modern British studies. Richard Cosgrove has begun single-handedly to change that. In unpretentious prose Cosgrove expertly guides the reader through the major works of half a dozen 'greats' as well as shrewdly assessing their current reputations. Scholars of the Law should inspire many more! --John V. Orth, The University of North Carolina School of Law Richard Cosgrove's Scholars of the Law begins with the emergence of the positivist belief that jurisprudence can solve the important social issues of the day. Legal theory in the twentieth century has become narrow and abstract, and contemporary theory, ever anxious to debunk elitism, ironically has become elitist itself. Charting the history of English jurisprudence through its key figures--William Blackstone, Jeremy Bentham, John Austin, Henry Maine, Thomas Erskine Holland, and H. L. A. Hart--Richard Cosgrove argues that jurisprudence must return to its interdisciplinary roots and draw upon economics, politics, and sociology. In short, theory and practice must be recombined.
Common Law And Enlightenment In England 1689 1750
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Author : Julia Rudolph
language : en
Publisher:
Release Date : 2013
Common Law And Enlightenment In England 1689 1750 written by Julia Rudolph and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with History categories.
The book demonstrates how the 'common law mind' was able to meet the various challenges posed by Enlightenment rationalism and civic and commercial discourse, revealing that the common law played a much wider role beyond the legal world in shaping Enlightenment concepts.
The Poulterers Case 1611
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Author :
language : en
Publisher: Dykinson
Release Date :
The Poulterers Case 1611 written by and has been published by Dykinson this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Every student of criminal law knows for a fact that the Poulterers' Case (1611) launched modern criminal conspiracy. This decision laid the first stone of the principle that an agreement to commit a crime is also a crime. However, besides what the law reports say, little is known about the facts of the case. This edition of the testimonies collected by the Star Chamber intends to fill this gap. Additionally, an introductory study will discuss how these facts shed new light on the reasons that were mustered in support of the decision. It will also argue that modern conspiracy was not a creation of the courts but rather of the nineteenth-century scholars who turned the Poulterers' Case into a landmark case.Todo estudiante angloamericano de derecho penal sabe que el Poulterers’s Case (1611) dio el primer paso hacia el delito moderno de conspiración en Inglaterra. Esta decisión puso la primera piedra del principio según el cual con el acuerdo para cometer un delito se comete ya un delito. Sin embargo, aparte de lo que dicen los law reports, poco se sabe de los hechos del caso. Esta edición de los testimonios recogidos por la Star Chamber pretende colmar esta laguna. Además, un estudio introductorio analizará cómo estos hechos arrojan luz sobre las razones que se esgrimieron en apoyo de la decisión. También se argumentará que la conspiración moderna no fue una creación de los tribunales, sino de los juristas del siglo XIX que convirtieron el Poulterers’ Case en un hito jurisprudencial.
Legal Traditions Of The World
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Author : H. Patrick Glenn
language : en
Publisher: Oxford University Press, USA
Release Date : 2010
Legal Traditions Of The World written by H. Patrick Glenn and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Language Arts & Disciplines categories.
'a superb book' J South Pacific L --
A Short Introduction To The Common Law
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Author : Geoffrey Samuel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-10-31
A Short Introduction To The Common Law written by Geoffrey Samuel and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-31 with Law categories.
It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural o
Legal Science In The Early Republic
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Author : Steven J. Macias
language : en
Publisher: Lexington Books
Release Date : 2016-05-31
Legal Science In The Early Republic written by Steven J. Macias and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-31 with Political Science categories.
This work examines the intellectual motivations behind the concept of “legal science”—the first coherent American jurisprudential movement after Independence. Drawing mainly upon public, but also private, sources, this book considers the goals of the bar’s professional leaders who were most adamant and deliberate in setting out their visions of legal science. It argues that these legal scientists viewed the realm of law as the means through which they could express their hopes and fears associated with the social and cultural promises and perils of the early republic. Law, perhaps more so than literature or even the natural sciences, provided the surest path to both national stability and international acclaim. While legal science yielded the methodological tools needed to achieve these lofty goals, its naturalistic foundations, more importantly, were at least partly responsible for the grand impulses in the first place. This book first considers the content of legal science and then explores its application by several of the most articulate legal scientists working and writing in the early republic.
Common Precedents
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Author : Ayelet Ben-Yishai
language : en
Publisher: Oxford University Press
Release Date : 2015-04
Common Precedents written by Ayelet Ben-Yishai and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04 with History categories.
Reading major novels by George Eliot, Anthony Trollope, and Wilkie Collins, Common Precedents shows that precedential reasoning enjoyed widespread cultural significance in the nineteenth-century as a means of preserving a sense of common history, values, and interests in the face of a new heterogeneous society. Enabling the recognition of the new and its assimilation as part of a continuous past, Ayelet Ben-Yishai argues that the binding force of precedent also functions as the binding element of an always shifting commonality, pulling it together in the face of rupture and dispersion. By appearing to bring the past seamlessly into the present, the form of legal precedent became vital to the preservation of a sense of commonality and continuity crucial to the common law and Victorian legal culture. But the impact of precedent extended beyond legal practices and institutions to the culture at large, and especially to its fiction. Ben-Yishai argues that understanding the structure of precedent also explains fictional form: how fictionality works, its epistemology, and the ways in which its commonalities are socially constructed, maintained, and reified.