THE HISTORY OF THE COMMON LAW

Download The History Of The Common Law ebook PDF or Read Online books in PDF, EPUB, and Mobi Format. Click Download or Read Online button to THE HISTORY OF THE COMMON LAW book pdf for free now.

A History Of The Common Law Of Contract

Author : A. W. B. Simpson
ISBN : 019825573X
Genre : Language Arts & Disciplines
File Size : 50.55 MB
Format : PDF, ePub, Docs
Download : 897
Read : 600

The Common Law is one of the two major and successful systems of law developed in Western Europe, and in one form or another is now in force not only in the country of its origin but also in the United States and large parts of the British Commonwealth and former parts of the Empire. Perhapsits most typical product is English Contract Law, developed continuously since the birth of the common law almost wholly by judicial decision. Although in its modern form primarily a product of the nineteenth century, the common law of contract as we know it developed around the action of assumpsitwhich evolved at the close of the fourteenth century, and many of its characteristic doctrines first emerged in the sixteenth and seventeenth centuries. This book, which takes the story up to 1677 (the date of Statute of Frauds) forms the first part of the history of contract law, and is writtenprimarily from a doctrinal standpoint.
Category: Language Arts & Disciplines

History Of The Common Law

Author : John H. Langbein
ISBN : STANFORD:36105134454110
Genre : Law
File Size : 53.73 MB
Format : PDF, ePub, Mobi
Download : 809
Read : 945

This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States. History of the Common Law offers: dynamic teaching materials that include primary sources, scholarship, summaries, notes, and questions judiciously selected and edited sources over 250 illustrations--many in full color "Living Law "units that connect legal-historical developments to modern law an illustrated timeline that highlights key dates a comprehensive Teacher's Manual, with suggestions for using the book in a two- or three-credit course Vivid writing, engaging source materials, and lavish illustrations breathe life into nearly 1,000 years of Anglo-American legal history. Concise summaries, manageable extracts, clear organization, and a detailed Teacher's Manual consistently support your teaching. *Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected]
Category: Law

A Natural History Of The Common Law

Author : S. F. C. Milsom
ISBN : 9780231503495
Genre : History
File Size : 87.95 MB
Format : PDF, ePub, Docs
Download : 861
Read : 828

How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law—the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases—from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.
Category: History

A Concise History Of The Common Law

Author : Theodore Frank Thomas Plucknett
ISBN : 9781584771371
Genre : History
File Size : 22.33 MB
Format : PDF, ePub, Docs
Download : 452
Read : 196

Plucknett, Theodore F.T. A Concise History of the Common Law. Fifth Edition. Boston: Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067821. ISBN 1-58477-137-2. Cloth. $125. * "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate...Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law...In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." Percy H. Winfield. Harv. L. Rev. 43:339-340.
Category: History

The History Of The Common Law Of England Divided Into Twelve Chapters Written By A Learned Hand

Author : MATTHEW. HALE
ISBN : 1379662605
Genre :
File Size : 45.94 MB
Format : PDF, ePub, Docs
Download : 992
Read : 823

The 18th century was a wealth of knowledge, exploration and rapidly growing technology and expanding record-keeping made possible by advances in the printing press. In its determination to preserve the century of revolution, Gale initiated a revolution of its own: digitization of epic proportions to preserve these invaluable works in the largest archive of its kind. Now for the first time these high-quality digital copies of original 18th century manuscripts are available in print, making them highly accessible to libraries, undergraduate students, and independent scholars. This collection reveals the history of English common law and Empire law in a vastly changing world of British expansion. Dominating the legal field is the Commentaries of the Law of England by Sir William Blackstone, which first appeared in 1765. Reference works such as almanacs and catalogues continue to educate us by revealing the day-to-day workings of society. ++++ The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++ British Library T077292 A learned hand = Sir Matthew Hale. With an initial advertisement leaf. A reissue of 'The history and analysis of the common law of England', with a cancel titlepage?. [London]: In the Savoy: printed by J. Nutt, assignee of Edw. Sayer Esq; for J. Walthoe; and at his shop in Stafford, 1713. [8],264, [12]p.: ill.; 8°
Category:

The Common Law

Author : Geoffrey Gibson
ISBN : 1921875666
Genre : Common law
File Size : 35.91 MB
Format : PDF, Docs
Download : 955
Read : 203

'To understand the common law of England, you have to understand that to the extent that you can talk sensibly of a legal system having roots - either intellectual or ethnic - the roots of English law are German, not Roman.' 'Trying to put anything resembling a code over the common law is like mixing Tuscan olive oil with Devonshire cider or a Moselle Riesling with Yorkshire ale.' It is an article of faith in the legal profession that knowledge of the law only comes with practice. We are the result of experience - we come from our history. It is therefore sad that we have stopped teaching legal history either at law school or bar school. Lawyers without history are like doctors without science. From Hammurabi to Guantanamo Bay, this book gives an outline of the history of the common law and rule of law. This is the minimum learning required for anyone wanting to be a member of a learned profession and not just a bean counter. 'The speed of trials in the past comes as a shock to us now.' 'Judges think that it is a good idea to report judgments to make new law. Nothing could be further from the truth ... We pay judges, and we pay them handsomely, to decide cases, not to build monuments to what they fondly see as jurisprudence.' 'Juries keep judges honest. They also keep them in touch and judges need to be kept in touch.'
Category: Common law