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Author: John Finlay
Publisher: BRILL
ISBN: 9004294945
Category : Law
Languages : en
Pages : 461
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Book Description
This book is the first monograph to analyse the workings of Scotland’s legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.
Author: John Finlay
Publisher: BRILL
ISBN: 9004294945
Category : Law
Languages : en
Pages : 461
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Book Description
This book is the first monograph to analyse the workings of Scotland’s legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.
Author: David Lemmings
Publisher: Boydell Press
ISBN: 9781843831587
Category : History
Languages : en
Pages : 278
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Book Description
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
Author: Cheryl L. Nixon
Publisher: Routledge
ISBN: 1317021940
Category : Literary Criticism
Languages : en
Pages : 303
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Book Description
Cheryl Nixon's book is the first to connect the eighteenth-century fictional orphan and factual orphan, emphasizing the legal concepts of estate, blood, and body. Examining novels by authors such as Eliza Haywood, Tobias Smollett, and Elizabeth Inchbald, and referencing never-before analyzed case records, Nixon reconstructs the narratives of real orphans in the British parliamentary, equity, and common law courts and compares them to the narratives of fictional orphans. The orphan's uncertain economic, familial, and bodily status creates opportunities to "plot" his or her future according to new ideologies of the social individual. Nixon demonstrates that the orphan encourages both fact and fiction to re-imagine structures of estate (property and inheritance), blood (familial origins and marriage), and body (gender and class mobility). Whereas studies of the orphan typically emphasize the poor urban foundling, Nixon focuses on the orphaned heir or heiress and his or her need to be situated in a domestic space. Arguing that the eighteenth century constructs the "valued" orphan, Nixon shows how the wealthy orphan became associated with new understandings of the individual. New archival research encompassing print and manuscript records from Parliament, Chancery, Exchequer, and King's Bench demonstrate the law's interest in the propertied orphan. The novel uses this figure to question the formulaic structures of narrative sub-genres such as the picaresque and romance and ultimately encourage the hybridization of such plots. As Nixon traces the orphan's contribution to the developing novel and developing ideology of the individual, she shows how the orphan creates factual and fictional understandings of class, family, and gender.
Author: Hal Gladfelder
Publisher: JHU Press
ISBN: 9780801866081
Category : Literary Criticism
Languages : en
Pages : 308
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Book Description
These narratives of violence, theft, disruptive sexuality, and rebellion compelled their readers to sort through fragmentary or contested evidence, anticipating the openness to discordant meanings and discrepant points of view which characterize the later fictions of Defoe and Fielding."--BOOK JACKET.
Author: Rebecca Probert
Publisher: Cambridge University Press
ISBN: 1139479768
Category : History
Languages : en
Pages :
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Book Description
This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.
Author: James Oldham
Publisher: Univ of North Carolina Press
ISBN: 0807864005
Category : Law
Languages : en
Pages : 445
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Book Description
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.
Author:
Publisher: University of Washington Press
ISBN: 9780295989068
Category : Literary Collections
Languages : en
Pages : 0
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Book Description
The little-examined genre of legal case narratives is represented in this fascinating volume, the first collection translated into English of criminal cases - most involving homicide - from late imperial China. These true stories of crimes of passion, family conflict, neighborhood feuds, gang violence, and sedition are a treasure trove of information about social relations and legal procedure. Each narrative describes circumstances leading up to a crime and its discovery, the appearance of the crime scene and the body, the apparent cause of death, speculation about motives and premeditation, and whether self-defense was involved. Detailed testimony is included from the accused and from witnesses, family members, and neighbors, as well as summaries and opinions from local magistrates, their coroners, and other officials higher up the chain of judicial review. Officials explain which law in the Qing dynasty legal code was violated, which corresponding punishment was appropriate, and whether the sentence was eligible for reduction. These records began as reports from magistrates on homicide cases within their jurisdiction that were required by law to be tried first at the county level, then reviewed by judicial officials at the prefectural, provincial, and national levels, with each administrator adding his own observations to the file. Each case was decided finally in Beijing, in the name of the emperor if not by the monarch himself, before sentences could be carried out and the records permanently filed. All of the cases translated here are from the Qing imperial copies, most of which are now housed in the First Historical Archives, Beijing.
Author: Julius J. Marke
Publisher: Law Journal Press
ISBN: 9781588520135
Category : Language Arts & Disciplines
Languages : en
Pages : 1218
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Book Description
This revised edition of Legal Research and Law Library Management retains the best elements of the previous edition while covering the latest in law library management.
Author: David Lieberman
Publisher: Cambridge University Press
ISBN: 9780521528542
Category : History
Languages : en
Pages : 332
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Book Description
A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform.
Author: Morris L. Cohen
Publisher:
ISBN:
Category : Law
Languages : en
Pages :
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Book Description
An electronic version of the six-volume set, from which the introduction and other front-matter have been included for general-information consultation. Indexes have been supplanted by the searching capablities of Folio.
