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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: James Oldham
Publisher: Univ of North Carolina Press
ISBN: 0807864005
Category : Law
Languages : en
Pages : 445
Get Book Here
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: Norman S. Poser
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773589805
Category : Law
Languages : en
Pages : 561
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Book Description
In the first modern biography of Lord Mansfield (1705-1793), Norman Poser details the turbulent political life of eighteenth-century Britain's most powerful judge, serving as chief justice for an unprecedented thirty-two years. His legal decisions launched England on the path to abolishing slavery and the slave trade, modernized commercial law in ways that helped establish Britain as the world's leading industrial and trading nation, and his vigorous opposition to the American colonists stoked Revolutionary fires. Although his father and brother were Jacobite rebels loyal to the deposed King James II, Mansfield was able to rise through English society to become a member of its ruling aristocracy and a confidential advisor to two kings. Poser sets Mansfield's rulings in historical context while delving into Mansfield's circle, which included poets (Alexander Pope described him as "his country's pride"), artists, actors, clergymen, noblemen and women, and politicians. Still celebrated for his application of common sense and moral values to the formal and complicated English common law system, Mansfield brought a practical and humanistic approach to the law. His decisions continue to influence the legal systems of Canada, Britain, and the United States to an extent unmatched by any judge of the past. An illuminating account of one of the greatest legal minds, Lord Mansfield presents a vibrant look at Britain's Age of Reason through one of its central figures.
Author: James Oldham
Publisher: Univ of North Carolina Press
ISBN:
Category : History
Languages : en
Pages : 456
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Book Description
English Common Law in the Age of Mansfield
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828
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Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author: Mark Hill
Publisher: Cambridge University Press
ISBN: 1108135986
Category : Law
Languages : en
Pages : 621
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Book Description
The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.
Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 0691198152
Category : History
Languages : en
Pages : 273
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Book Description
In an examination of Southern slave law between 1810 and 1860, Mark Tushnet reveals a structured dichotomy between slave labor systems and bourgeois systems of production. Whereas the former rest on the total dominion of the master over the slave and necessitate a concern for the slave's humanity, the latter rest of the purchase by the capitalist of a worker's labor power only and are concerned primarily with economic interest. Focusing on a wide range of issues that include contract and accident law as well as criminal law and the law of manumission, he shows how Southern slave law had to respond to the competing pressures of humanity and interest. Beginning with a critical evaluation of slave law, the author develops the conceptual framework for his own perspective on the legal system, drawing on the works of Marx and Weber. He then examines four appellate court cases decided in three different states, from civil-law Louisiana to commonlaw North Carolina, at widely separated times, from 1818 to 1858. Professor Tushnet finds that the cases display a continuing but never wholly successful attempt at distinguish between law and sentiment as modes of regulating social interactions involving slaves. Also, the cases show that the primary method of accommodating law and sentiment was an attempt to use rigid categories to confine the law of slavery to what was thought its proper sphere. Mark Tushnet is Professor of Law at the University of Wisconsin. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: David J. Ibbetson
Publisher: Cambridge University Press
ISBN: 1108483062
Category : History
Languages : en
Pages : 423
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Book Description
A Festschrift in honour of Professor Sir John Baker, presented by leading scholars on the sources of English legal history.
Author: Rebecca Probert
Publisher: Bloomsbury Publishing
ISBN: 135007926X
Category : History
Languages : en
Pages : 217
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Book Description
The period of the Enlightenment was marked by innovation in political, cultural, religious, and educational ideas with the aim of improving the experience of human beings in society. Key to intellectual debates and day-to-day life were ideas about the law. Many looked to Britain, and to the British, as exemplars of a state governed by moderate laws under a moderate constitution. Britain's laws and constitution were portrayed and satirized in almost every artistic medium. A Cultural History of Law in the Age of Enlightenment presents essays spanning the “long 18th century” (1680 to 1820) which explore the place of law in a range of creative and artistic media, all of which flourished in a commercial society with law at its center and enlightenment as its aim. Drawing upon a wealth of visual and textual sources, A Cultural History of Law in the Age of Enlightenment presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
Author: Ian Ward
Publisher: Bloomsbury Publishing
ISBN: 1509912312
Category : Law
Languages : en
Pages : 643
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Book Description
English Legal Histories is an exciting and innovative approach to the study of English law. Written in an accessible style intended for students as well as a broader audience, it takes the reader beyond the narrower confines of legal doctrines and cases, and invites them to consider the myriad contexts within which English law has been shaped: the politics, the economics, the art, the poetry. Reaching from the Reformation through to the age of Reform, it tells stories, the 'histories', of English law. Histories of the constitution and government, of crime and contracts, tort and trespass, property and equity. Of the people who made that law, those who wrote it, and those who suffered it. For it is in the end a human story, of justice and injustice, of success and failure, good luck and bad. The law is full of statutes and instruments, cases and precedent, but its history is full of people and peculiarity. Which is what, of course, makes it so endlessly fascinating.
Author: Maurice Jackson
Publisher: University of Pennsylvania Press
ISBN: 0812202341
Category : History
Languages : en
Pages : 398
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Book Description
Anthony Benezet (1713-84), universally recognized by the leaders of the eighteenth-century antislavery movement as its founder, was born to a Huguenot family in Saint-Quentin, France. As a boy, Benezet moved to Holland, England, and, in 1731, Philadelphia, where he rose to prominence in the Quaker antislavery community. In transforming Quaker antislavery sentiment into a broad-based transatlantic movement, Benezet translated ideas from diverse sources—Enlightenment philosophy, African travel narratives, Quakerism, practical life, and the Bible—into concrete action. He founded the African Free School in Philadelphia, and such future abolitionist leaders as Absalom Jones and James Forten studied at Benezet's school and spread his ideas to broad social groups. At the same time, Benezet's correspondents, including Benjamin Franklin, Benjamin Rush, Abbé Raynal, Granville Sharp, and John Wesley, gave his ideas an audience in the highest intellectual and political circles. In this wide-ranging intellectual biography, Maurice Jackson demonstrates how Benezet mediated Enlightenment political and social thought, narratives of African life written by slave traders themselves, and the ideas and experiences of ordinary people to create a new antislavery critique. Benezet's use of travel narratives challenged proslavery arguments about an undifferentiated, "primitive" African society. Benezet's empirical evidence, laid on the intellectual scaffolding provided by the writings of Hutcheson, Wallace, and Montesquieu, had a profound influence, from the high-culture writings of the Marquis de Condorcet to the opinions of ordinary citizens. When the great antislavery spokesmen Jacques-Pierre Brissot in France and William Wilberforce in England rose to demand abolition of the slave trade, they read into the record of the French National Assembly and the British Parliament extensive unattributed quotations from Benezet's writings, a fitting tribute to the influence of his work.
