Author: William Eves
Publisher: Cambridge University Press
ISBN: 1108960448
Category : History
Languages : en
Pages : 349
Book Description
Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Common Law, Civil Law, and Colonial Law
Author: William Eves
Publisher: Cambridge University Press
ISBN: 1108960448
Category : History
Languages : en
Pages : 349
Book Description
Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Publisher: Cambridge University Press
ISBN: 1108960448
Category : History
Languages : en
Pages : 349
Book Description
Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Common Law, Civil Law, and Colonial Law
Author: William Eves
Publisher: Cambridge University Press
ISBN: 9781108925129
Category : History
Languages : en
Pages : 0
Book Description
Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Publisher: Cambridge University Press
ISBN: 9781108925129
Category : History
Languages : en
Pages : 0
Book Description
Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Judges and Judging in the History of the Common Law and Civil Law
Author: Paul Brand
Publisher: Cambridge University Press
ISBN: 1139505572
Category : Law
Languages : en
Pages :
Book Description
In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
Publisher: Cambridge University Press
ISBN: 1139505572
Category : Law
Languages : en
Pages :
Book Description
In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
The Common Law in Colonial America
Author: William Edward Nelson
Publisher:
ISBN: 0199937753
Category : Law
Languages : en
Pages : 236
Book Description
Présentation de l'éditeur : "With the restoration of monarchy in 1660, English policy toward its North American empire began to assume some coherence. During Charles II's reign, various institutions of English government assumed an increasingly direct role in the administration of England's overseas territories. New York was conquered from the Dutch; Pennsylvania, Delaware, and New Jersey were carved out of it; and North and South Carolina were founded. Lawyers trained in England brought the common law to all these new colonies, quickly in most of them, but somewhat more slowly in New York. Although the legal systems of these post-1660 colonies developed in distinctive directions as a result of different demographic and economic conditions and the diversity of reasons for which they were founded, the presence of common law did place limits on the extent to which divergence could occur. Issues that are central to all chapters involve the reception of common law pleading, the enforcement of criminal and regulatory law, the functioning of juries, the regulation of religion, and the degree of centralization of power."
Publisher:
ISBN: 0199937753
Category : Law
Languages : en
Pages : 236
Book Description
Présentation de l'éditeur : "With the restoration of monarchy in 1660, English policy toward its North American empire began to assume some coherence. During Charles II's reign, various institutions of English government assumed an increasingly direct role in the administration of England's overseas territories. New York was conquered from the Dutch; Pennsylvania, Delaware, and New Jersey were carved out of it; and North and South Carolina were founded. Lawyers trained in England brought the common law to all these new colonies, quickly in most of them, but somewhat more slowly in New York. Although the legal systems of these post-1660 colonies developed in distinctive directions as a result of different demographic and economic conditions and the diversity of reasons for which they were founded, the presence of common law did place limits on the extent to which divergence could occur. Issues that are central to all chapters involve the reception of common law pleading, the enforcement of criminal and regulatory law, the functioning of juries, the regulation of religion, and the degree of centralization of power."
The Common Law in Two Voices
Author: Kwai Hang Ng
Publisher: Stanford University Press
ISBN: 0804772355
Category : Law
Languages : en
Pages : 354
Book Description
Hong Kong is one of the very few places in the world where the common law can be practiced in a language other than English. Introduced into the courtroom over a decade ago, Cantonese has significantly altered the everyday working of the common law in China's most Westernized city. In The Common Law in Two Voices, Ng explores how English and Cantonese respectively reinforce and undermine the practice of legal formalism. This first-ever ethnographic study of Hong Kong's unique legal system in the midst of social and political transition, this book provides important insights into the social nature of language and the work of institutions. Ng contends that the dilemma of legal bilingualism in Hong Kong is emblematic of the inherent tensions of postcolonial Hong Kong. Through the legal dramas presented in the book, readers will get a fresh look at the former British colony that is now searching for its identity within a powerful China.
Publisher: Stanford University Press
ISBN: 0804772355
Category : Law
Languages : en
Pages : 354
Book Description
Hong Kong is one of the very few places in the world where the common law can be practiced in a language other than English. Introduced into the courtroom over a decade ago, Cantonese has significantly altered the everyday working of the common law in China's most Westernized city. In The Common Law in Two Voices, Ng explores how English and Cantonese respectively reinforce and undermine the practice of legal formalism. This first-ever ethnographic study of Hong Kong's unique legal system in the midst of social and political transition, this book provides important insights into the social nature of language and the work of institutions. Ng contends that the dilemma of legal bilingualism in Hong Kong is emblematic of the inherent tensions of postcolonial Hong Kong. Through the legal dramas presented in the book, readers will get a fresh look at the former British colony that is now searching for its identity within a powerful China.
Law and the Economy in Colonial India
Author: Tirthankar Roy
Publisher: University of Chicago Press
ISBN: 022638764X
Category : Business & Economics
Languages : en
Pages : 253
Book Description
By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."
Publisher: University of Chicago Press
ISBN: 022638764X
Category : Business & Economics
Languages : en
Pages : 253
Book Description
By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."
A Concise History of the Common Law
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828
Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828
Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Southern Slavery and the Law, 1619-1860
Author: Thomas D. Morris
Publisher: Univ of North Carolina Press
ISBN: 0807864307
Category : Law
Languages : en
Pages : 588
Book Description
This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.
Publisher: Univ of North Carolina Press
ISBN: 0807864307
Category : Law
Languages : en
Pages : 588
Book Description
This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.
A History of Law in Canada, Vol. 1
Author: Philip Girard
Publisher: University of Toronto Press
ISBN: 1487504632
Category : History
Languages : en
Pages : 928
Book Description
A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Publisher: University of Toronto Press
ISBN: 1487504632
Category : History
Languages : en
Pages : 928
Book Description
A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Common Law, Civil Law, and Colonial Law
Author: William Eves
Publisher: Cambridge University Press
ISBN: 1108845274
Category : History
Languages : en
Pages : 349
Book Description
A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.
Publisher: Cambridge University Press
ISBN: 1108845274
Category : History
Languages : en
Pages : 349
Book Description
A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.