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Law and Legal Process: Substantive Law and Procedure in English Legal History [Kõva köide]

Edited by (University of Cambridge), Edited by (University of Cambridge)
  • Formaat: Hardback, 365 pages, kõrgus x laius x paksus: 233x156x24 mm, kaal: 680 g, 8 Tables, black and white; 1 Halftones, unspecified
  • Ilmumisaeg: 25-Jul-2013
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1107040582
  • ISBN-13: 9781107040588
Teised raamatud teemal:
  • Formaat: Hardback, 365 pages, kõrgus x laius x paksus: 233x156x24 mm, kaal: 680 g, 8 Tables, black and white; 1 Halftones, unspecified
  • Ilmumisaeg: 25-Jul-2013
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1107040582
  • ISBN-13: 9781107040588
Teised raamatud teemal:
"he core theme of the conference was Law and Legal Process, broadly interpreted to include all aspects of the interactions between legal practice and legal doctrine. The present volume is a selection of the papers delivered on that theme, reflecting the many ways in which these interactions have occurred in the history of the common law. They range between the study of a single case (Holmes) to the wide-ranging consideration of the nature of law at the interface of substance and process (Donahue)"--

"This collection of papers from the Twentieth British Legal History Conference explores the relationship between substantive law and the way in which it actually worked. Instead of looking at what the courts said they were doing, it is concerned more with the reality of what was happening. To that end, the authors use a wide range of sources, from court records to merchants' diaries and lawyers' letters. The way in which the sources are used reflects the possibilities of legal historical research which are opening up in the twenty-first century, as large databases and digitised images - and even online auction sites - make it a practical possibility to do work at a level which was almost unthinkable only a short time ago"--

Leading historians of English law examine the relationship between substantive law and legal process from medieval to modern times.

Arvustused

' this book is a worthy addition to what is arguably the leading legal history publication series.' Jonathan A. Bush, Law and History Review

Muu info

Leading historians of English law examine the relationship between substantive law and legal process from medieval to modern times.
List of Contributors
ix
Preface xi
List of Abbreviations
xiii
1 `The hypostasis of a prophecy': legal realism and legal history
1(16)
Charles Donahue Jr.
2 Chancery, the justices and the making of new writs in thirteenth-century England
17(17)
Paul Brand
3 Copulative complexities: the exception of adultery in medieval dower actions
34(22)
Gwen Seabourne
4 Arbitration and the legal profession in late medieval England
56(21)
Anthony Musson
5 Privileges and their application in the main English central courts in the fourteenth and fifteenth centuries
77(26)
Susanne Jenks
6 Trusts litigation in Chancery after the Statute of Uses: the first fifty years
103(23)
Neil Jones
7 The assessment of contractual damages at common law in the late sixteenth century
126(22)
David Ibbetson
8 The case of Joan Peterson: witchcraft, family conflict, legal invention and constitutional theory
148(19)
Clive Holmes
9 Criminal informations of the Attorneys-General in the King's Bench from Egerton to North
167(19)
Henry Mares
10 Lawyers, merchants, and the law of contract in the long eighteenth century
186(31)
Warren Swain
11 Creditors and the feme covert
217(29)
James Oldham
12 Legal process as reported in correspondence
246(17)
John Baker
13 Legal development in Victorian criminal trials
263(20)
Phil Handler
14 `Cutting the Gordian knot?' Arbitration and company insolvency in the 1870s
283(31)
Michael Lobban
15 `Forty Years On': the British Legal History Conference 1972--2011
314(22)
Patrick Polden
Index 336
Matthew Dyson is a Fellow in Law at Trinity College, Cambridge, where he specialises in the relationship between tort and crime. David Ibbetson is the Regius Professor of Civil Law at the University of Cambridge. He is also Co-Director of the Centre for English Legal History.