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Author: Michael R. T. Macnair
Publisher: Duncker & Humblot
ISBN: 9783428491988
Category : Law
Languages : en
Pages : 328
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Book Description
This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. The origins of the law of evidence have traditionally been linked to the need for judges to control the jury, but this view has been subject to several recent critiques. The Courts of Equity did not generally use jury trial. This study considers Equity proof rules in their relationships to contemporary Civil and Canon Law proof conceptions, medieval Common Law rules governing proof of facts, and early Common Law evidence rules. It concludes that Equity courts operated a variant of civilian proof concepts, and mediated an influence of these concepts on the origins of the Common Law of Evidence. These findings cast a new light on the debates on these origins, and on the relationship between the Common Law and Civil Law traditions in early modern England.
Author: Michael R. T. Macnair
Publisher: Duncker & Humblot
ISBN: 9783428491988
Category : Law
Languages : en
Pages : 328
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Book Description
This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. The origins of the law of evidence have traditionally been linked to the need for judges to control the jury, but this view has been subject to several recent critiques. The Courts of Equity did not generally use jury trial. This study considers Equity proof rules in their relationships to contemporary Civil and Canon Law proof conceptions, medieval Common Law rules governing proof of facts, and early Common Law evidence rules. It concludes that Equity courts operated a variant of civilian proof concepts, and mediated an influence of these concepts on the origins of the Common Law of Evidence. These findings cast a new light on the debates on these origins, and on the relationship between the Common Law and Civil Law traditions in early modern England.
Author: C. H. van Rhee
Publisher: Intersentia nv
ISBN: 905095491X
Category : Civil law
Languages : en
Pages : 362
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Book Description
European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.
Author: Isabella Alexander
Publisher: Edward Elgar Publishing
ISBN: 1783472405
Category : Law
Languages : en
Pages : 495
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Book Description
There has been an explosion of interest in recent years regarding the origin and of intellectual property law. The study of copyright history, in particular, has grown remarkably in the last twenty years, with a flurry of activity in the last ten. Crucial to this activity has been a burgeoning focus on unpublished primary sources, enabling new and stimulating insights. This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future.
Author: Kit Barker
Publisher: Bloomsbury Publishing
ISBN: 1509906002
Category : Law
Languages : en
Pages : 538
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Book Description
The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.
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: Miranda Wilson
Publisher: Bucknell University Press
ISBN: 1611485398
Category : Literary Criticism
Languages : en
Pages : 259
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Book Description
Poison's Dark Works in Renaissance England considers the ways sixteenth- and seventeenth-century fears of poisoning prompt new models for understanding the world even as the fictive qualities of poisoning frustrate attempts at certainty. Whether English writers invoke literal poisons, as they do in so many revenge dramas, homicide cases, and medical documents, or whether poisoning appears more metaphorically, as it does in a host of theological, legal, philosophical, popular, and literary works, this particular, “invisible” weapon easily comes to embody the darkest elements of a more general English appetite for imagining the hidden correlations between the seen and the unseen. This book is an inherently interdisciplinary project. This book works from the premise that accounts of poisons and their operations in Renaissance texts are neither incidental nor purely sensational; rather, they do moral, political, and religious work which can best be assessed when we consider poisoning as part of the texture of Renaissance culture. Placing little known or less-studied texts (medical reports, legal accounts, or anonymous pamphlets) alongside those most familiar to scholars and the larger public (such as poetry by Edmund Spenser and plays by William Shakespeare and Thomas Middleton) allows us to appreciate the almost gravitational pull exerted by the notion of poison in the Renaissance. Considering a variety of texts, written for disparate audiences, and with diverse purposes, makes apparent the ways this crime functions as both a local problem to be solved and as an apt metaphor for the complications of epistemology.
Author: Joe Sampson
Publisher: Bloomsbury Publishing
ISBN: 1509970665
Category : Law
Languages : en
Pages : 472
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Book Description
Over the last 40 years, David Ibbetson has paved the way in a remarkably broad range of fields. In ancient law, his scholarship has spanned both the detailed doctrine of the Roman law of obligations and the cross-pollination of legal influences around the ancient Mediterranean. His work on English legal history has ranged from the earliest days of the common law through to the turn of the 20th century, combining forensic archival research with a sensitivity to how lawyers thought about their subject. In European legal history, he has shown the porousness of the civil law and the extent to which it has been shaped by other areas of intellectual life, from theology to rationalist philosophy. The contributions to this volume in his honour mirror both the breadth and the depth of Ibbetson's scholarship. The book combines chapters from leading legal historians, close colleagues and over a dozen of Ibbetson's students. Some chapters build upon or respond to Ibbetson's ideas, others his areas of interest. The contributions are introduced by Ibbetson's valedictory lecture on the importance of legal history to modern practice and scholarship, and the work yet to be done.
Author: Matthew Dyson
Publisher: Cambridge University Press
ISBN: 1107040582
Category : History
Languages : en
Pages : 373
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Book Description
Leading historians of English law examine the relationship between substantive law and legal process from medieval to modern times.
Author: Michael Lobban
Publisher: Springer
ISBN: 940179880X
Category : Law
Languages : en
Pages : 546
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Book Description
The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century edited by Andrea Padovani and Peter Stein Volume 7 is the second of the historical volumes and acts as a complement to the previous Volume 6, discussing from the jurists’ perspective what that previous volume discusses from the philosophers’ perspective. The subjects of analysis are, first, the Roman jurists’ conception of law, second, the metaphysical and logical presuppositions of late medieval legal science, and, lastly, the connection between legal and political thought up to the 17th century. The discussion shows how legal science proceeds at every step of the way, from Rome to early modern times, as an enterprise that cannot be untangled from other forms of thought, thus giving rise to an interest in logic, medieval theology, philosophy, and politics—all areas where legal science has had an influence. Volume 8: A History of the Philosophy of Law in The Common Law World, 1600–1900 by Michael Lobban Volume 8, the third of the historical volumes, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the ‘common law mind’ as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke’s vision of the common law continued to exert a strong influence on American jurists, in England a more positivist approach took root, which found its fullest articulation in the work of Bentham and Austin.
Author: Martha Merrill Umphrey
Publisher: Stanford University Press
ISBN: 9780804755252
Category : Law
Languages : en
Pages : 244
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Book Description
"The chapters in this book were originally prepared ... during the 2004-2005 academic year."--Acknowledgments.
