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Author: Michael Lobban
Publisher:
ISBN:
Category : History
Languages : en
Pages : 344
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Book Description
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 the common 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 were grounded 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.
Author: Michael Lobban
Publisher:
ISBN:
Category : History
Languages : en
Pages : 344
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Book Description
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 the common 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 were grounded 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.
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: Julia Rudolph
Publisher:
ISBN: 1843838044
Category : History
Languages : en
Pages : 340
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Book Description
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.
Author: Kurt von S. Kynell
Publisher: Edwin Mellen Press
ISBN: 9780773478732
Category : Law
Languages : en
Pages : 294
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Book Description
This volume provides an interdisciplinary approach to legal history, utilizing law, linguistics, cultural anthropology and social history to document and analyze the slow but steady growth of the English common law from Anglo-Saxon times to the 19th century.
Author: Christina Lienen
Publisher: Bloomsbury Publishing
ISBN: 1509948813
Category : Law
Languages : en
Pages : 236
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Book Description
There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution. Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately captures the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a 'nuanced' constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience. In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.
Author: Lorie Charlesworth
Publisher: Routledge
ISBN: 1135179646
Category : History
Languages : en
Pages : 243
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Book Description
That ‘poor law was law’ is a fact that has slipped from the consciousness of historians of welfare in England and Wales, and in North America. Welfare's Forgotten Past remedies this situation by tracing the history of the legal right of the settled poor to relief when destitute. Poor law was not simply local custom, but consisted of legal rights, duties and obligations that went beyond social altruism. This legal ‘truth’ is, however, still ignored or rejected by some historians, and thus ‘lost’ to social welfare policy-makers. This forgetting or minimising of a legal, enforceable right to relief has not only led to a misunderstanding of welfare’s past; it has also contributed to the stigmatisation of poverty, and the emergence and persistence of the idea that its relief is a 'gift' from the state. Documenting the history and the effects of this forgetting, whilst also providing a ‘legal’ history of welfare, Lorie Charlesworth argues that it is timely for social policy-makers and reformists – in Britain, the United States and elsewhere – to reconsider an alternative welfare model, based on the more positive, legal aspects of welfare’s 400-year legal history.
Author: Wendell Bird
Publisher:
ISBN: 0197509193
Category : Law
Languages : en
Pages : 409
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Book Description
This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken. This book proposes, to the contrary, that Blackstone carefully selected the narrowest definition that had been suggested in popular essays in the prior seventy years, in order to oppose the growing claims for much broader protections of press and speech. Blackstone misdescribed his summary as an accepted common law definition, which in fact did not exist. A year later, Mansfield inserted a similar definition into the common law for the first time, also misdescribing it as a long-accepted definition, and soon misdescribed the unique rules for prosecuting sedition as having an equally ancient pedigree. Blackstone and Mansfield were not declaring the law as it had long been, but were leading a counter-revolution about the breadth of freedoms of press and speech, and cloaking it as a summary of a narrow common law doctrine that in fact was nonexistent. That conflict of revolutionary view and counter-revolutionary view continues today. For over a century, a neo-Blackstonian view has been dominant, or at least very influential, among historians. Contrary to those narrow claims, this book concludes that the broad understanding of freedoms of press and speech was the dominant context of the First Amendment and of Fox's Libel Act, and that it enjoyed greater historical support.
Author: William P. LaPiana
Publisher: Oxford University Press, USA
ISBN: 0195079353
Category : Case method
Languages : en
Pages : 265
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Book Description
The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarilyby Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of thetransformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the oppositionto the changes at Harvard.
Author: Ron Harris
Publisher: Cambridge University Press
ISBN: 9780521662758
Category : Law
Languages : en
Pages : 356
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Book Description
This 2000 book addresses the discrepancy between the developing economy of England and the stagnant legal framework of business organization between 1720 and 1844.
Author: Margot C. Finn
Publisher: Cambridge University Press
ISBN: 9780521823425
Category : Business & Economics
Languages : en
Pages : 386
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Book Description
Table of contents
