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Judges And Judging In The History Of The Common Law And Civil Law
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Book Synopsis Judges and Judging in the History of the Common Law and Civil Law by : Paul Brand
Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul Brand and published by Cambridge University Press. This book was released on 2012-01-12 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.
Book Synopsis Judges and Judging in the History of the Common Law and Civil Law by : Paul A. Brand
Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul A. Brand and published by . This book was released on 2012 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Book Synopsis Judges and Judging in the History of the Common Law and Civil Law by : Paul A. Brand
Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul A. Brand and published by . This book was released on 2012 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: "More than two hundred legal historians, from every corner of the globe, met in Oxford at the Eighteenth British Legal History Conference in early July 2007 to hear and present papers on the history of "judges and judging". A selection of the papers presented at the conference has now been revised and edited to form the chapters of this volume. Perhaps the theme of the conference and of this publication needs some initial explanation. The Legal Realists of the 1920s and 1930s rightly questioned the pre-eminence given to the study of decision-making in the courts in American legal education, and similar ideas have entered British and Commonwealth legal education in the past generation; the utterances of judges are not taken as the sum of, or even the core of, the law. But this is hardly news for legal historians. They have long been effortless, even naively unselfconscious, Realists, always concerned to understand the making of the law within the context of its time, with due attention to the society in which law is embedded and the shifting mentalities of professionals and other players in the legal system"--
Book Synopsis A History of Lay Judges by : John Philip Dawson
Download or read book A History of Lay Judges written by John Philip Dawson and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dawson, John P. A History of Lay Judges. Cambridge, Mass.: Harvard University Press, 1960. viii, [2], 310 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-50812. ISBN 1-886363-69-2. Cloth. $75. * An analysis of the divergent legal systems in England, France, Germany and Rome showing the relationship of the courts to the community, the legal structure and political organizations. The work examines the evolution of medieval French and German courts from the Roman canonist system. This study also explores the role of the local courts in England and examines in detail the workings and influence of a typical manor court, Redgrave, in Suffolk, England, (which was owned by Sir Nicholas Bacon, the father of Sir Francis Bacon) for the period up to 1711. Extensive notes, indexed. Scholars interested in the roots of the modern political structures in Europe will find this work of supreme benefit.
Book Synopsis Laughing at the Gods by : Allan C. Hutchinson
Download or read book Laughing at the Gods written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2012-02-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Any effort to understand how law works has to take seriously its main players – judges. Like any performance, judging should be evaluated by reference to those who are its best exponents. Not surprisingly, the debate about what makes a 'great judge' is as heated and inconclusive as the debate about the purpose and nature of law itself. History shows that those who are candidates for a judicial hall of fame are game changers who oblige us to rethink what it is to be a good judge. So the best of judges must tread a thin line between modesty and hubris; they must be neither mere umpires nor demigods. The eight judges showcased in this book demonstrate that, if the test of good judging is not about getting it right, but doing it well, then the measure of great judging is about setting new standards for what counts as judging well.
Author :Theodore Frank Thomas Plucknett Publisher :The Lawbook Exchange, Ltd. ISBN 13 :1584771372 Total Pages :828 pages Book Rating :4.5/5 (847 download)
Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Book Synopsis Imagining the Law by : Norman F. Cantor
Download or read book Imagining the Law written by Norman F. Cantor and published by . This book was released on 1997 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the role of the legal profession, the jury system and other key aspects of American law are under much dispute, "Imagining the Law" provides a historical perspective on these critical public issues. Historian Norman Cantor explains how and why common law developed out of Roman law, in response to the needs and assumptions of English society and culture from 1000 to 1780, and how it became the basis of the American legal system. Professor Cantor shows that many of the current debates about the jury trial, the adversarial model and other parts of our legal system stem from this history. He highlights the minds and personalities of prominent judicial leaders, from Cicero and Justinian in the ancient world, through Glanville and Bracton in the Middle Ages, to Coke, Blackstone and Bentham in later centuries. A concluding chapter relates the social and cultural history of common law to the American system of Supreme Court Justices John Marshall and Oliver Wendell Holmes and to the legal profession in the United States today. "Imagining the Law" is authoritatively based on the extensive amount of recent research and writing in the field of legal history, and on Professor Cantor's reading of thousands of court cases. It is the first book to examine legal history in a cultural and sociological context and thus illuminates one of our most important institutions in a whole new way.
Book Synopsis Scholars of Tort Law by : James Goudkamp
Download or read book Scholars of Tort Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
Book Synopsis Political Trials in Theory and History by : Jens Meierhenrich
Download or read book Political Trials in Theory and History written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2017-02-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.
Book Synopsis Women in the Medieval Common Law c.1200–1500 by : Gwen Seabourne
Download or read book Women in the Medieval Common Law c.1200–1500 written by Gwen Seabourne and published by Routledge. This book was released on 2021-04-06 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women’s treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women.
Book Synopsis Inter Cives Necnon Peregrinos by : Jan Hallebeek
Download or read book Inter Cives Necnon Peregrinos written by Jan Hallebeek and published by V&R unipress GmbH. This book was released on 2014 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions to this volume are concerned with the Roman law of antiquity in its broadest sense, covering both private and public law from the Roman Republic to the Byzantine era, including legal papyrology. They also examine the reception of Roman law in Western Europe and its colonies (specifically the Dutch East Indies) from the Middle Ages to the promulgation of the German Burgerliche Gesetzbuch in 1900. They reflect the wide interests of Professor Boudewijn Sirks, whom the volume honours on the occasion of his retirement and whose work and career have transcended frontiers and nations.
Book Synopsis Introduction to English Legal History by : John Baker
Download or read book Introduction to English Legal History written by John Baker and published by Oxford University Press. This book was released on 2019-03-26 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.
Book Synopsis A.V. Dicey and the Common Law Constitutional Tradition by : Mark D. Walters
Download or read book A.V. Dicey and the Common Law Constitutional Tradition written by Mark D. Walters and published by Cambridge University Press. This book was released on 2020-11-12 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the common law world, Albert Venn Dicey (1835–1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.
Book Synopsis An Introduction to English Legal History by : John Baker
Download or read book An Introduction to English Legal History written by John Baker and published by Oxford University Press. This book was released on 2019 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.
Book Synopsis The Foundations of Anglo-American Corporate Fiduciary Law by : David Kershaw
Download or read book The Foundations of Anglo-American Corporate Fiduciary Law written by David Kershaw and published by Cambridge University Press. This book was released on 2018-06-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.
Book Synopsis Law and Society in England 1750-1950 by : William Cornish
Download or read book Law and Society in England 1750-1950 written by William Cornish and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.
Book Synopsis Law, Society and Community by : Richard Nobles
Download or read book Law, Society and Community written by Richard Nobles and published by Routledge. This book was released on 2016-04-22 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).
