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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
Get Book Here
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: John M. Collins
Publisher: Cambridge University Press
ISBN: 1316654141
Category : History
Languages : en
Pages : 335
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Book Description
John M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King's laws. Further, it was a vital component of both England's domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.
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: Heikki Pihlajamäki
Publisher: Oxford University Press
ISBN: 0191088382
Category : Law
Languages : en
Pages : 1273
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Book Description
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Author: Joshua Getzler
Publisher: Oxford Studies in Modern Legal
ISBN: 9780198265818
Category : Business & Economics
Languages : en
Pages : 444
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Book Description
This volume describes how the courts created rights for land owners and users competing to appropriate water for factories, town supply, drainage, and transport. It covers the period from early times to the late nineteenth century, illustrating the changing common law of property and tort, and throwing new light on the growth of the economy and the social and legal dimensions of technological innovation.
Author: Paul D. Halliday
Publisher: Harvard University Press
ISBN: 0674064208
Category : History
Languages : en
Pages : 513
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Book Description
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
Author: Anthony Ossa-Richardson
Publisher: Princeton University Press
ISBN: 0691228442
Category : Literary Criticism
Languages : en
Pages : 488
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Book Description
Ever since it was first published in 1930, William Empson’s Seven Types of Ambiguity has been perceived as a milestone in literary criticism—far from being an impediment to communication, ambiguity now seemed an index of poetic richness and expressive power. Little, however, has been written on the broader trajectory of Western thought about ambiguity before Empson; as a result, the nature of his innovation has been poorly understood. A History of Ambiguity remedies this omission. Starting with classical grammar and rhetoric, and moving on to moral theology, law, biblical exegesis, German philosophy, and literary criticism, Anthony Ossa-Richardson explores the many ways in which readers and theorists posited, denied, conceptualised, and argued over the existence of multiple meanings in texts between antiquity and the twentieth century. This process took on a variety of interconnected forms, from the Renaissance delight in the ‘elegance’ of ambiguities in Horace, through the extraordinary Catholic claim that Scripture could contain multiple literal—and not just allegorical—senses, to the theory of dramatic irony developed in the nineteenth century, a theory intertwined with discoveries of the double meanings in Greek tragedy. Such narratives are not merely of antiquarian interest: rather, they provide an insight into the foundations of modern criticism, revealing deep resonances between acts of interpretation in disparate eras and contexts. A History of Ambiguity lays bare the long tradition of efforts to liberate language, and even a poet’s intention, from the strictures of a single meaning.
Author: Robin Darwall-Smith
Publisher: Oxford University Press
ISBN: 0192693085
Category : History
Languages : en
Pages : 396
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Book Description
This special edition of History of Universities, Volume XXXV/1, studies and reappraises the often ignored history of eighteenth-century Oxford, caught as it is between the upheavals of the Stuart century and the reformation of the Victorian era.
Author: Déirdre Dwyer
Publisher: Cambridge University Press
ISBN: 052150970X
Category : Law
Languages : en
Pages : 468
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Book Description
Deirdre Dwyer examines how a court can decide when to accept an expert's opinion, focusing on English civil justice.
Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513141
Category : Law
Languages : en
Pages : 1201
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Book Description
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
