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The Legal Framework Of English Feudalism
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Book Synopsis The Legal Framework of English Feudalism by : S.F.C. Milsom
Download or read book The Legal Framework of English Feudalism written by S.F.C. Milsom and published by CUP Archive. This book was released on 1976-08-05 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Milsom works out a fresh view of the beginnings of the common law concerning land. The received picture depends upon progressive assumptions: key words began with their later meanings; the law began with abstract ideas of property; a tenant's title to his tenement was never subject to his lord's control; the lord had no discretion, only the power to decide disputes according to external criteria; jurisdiction in that sense was all the lord lost as royal remedies developed; and all the tenant gained was better protection of unaltered rights. It is a picture of procedural changes taking place against an unchanging background, with the feudal structure at the beginning almost as insubstantial as it was to be at the end.
Book Synopsis The Legal Framework of English Feudalism by : Stroud Francis Charles Milsom
Download or read book The Legal Framework of English Feudalism written by Stroud Francis Charles Milsom and published by Gaunt. This book was released on 1986 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Legal Framework of English Feudalism by : Stroud Francis Charles Milson
Download or read book The Legal Framework of English Feudalism written by Stroud Francis Charles Milson and published by . This book was released on 1986 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Historical Introduction to English Law by : Russell Sandberg
Download or read book A Historical Introduction to English Law written by Russell Sandberg and published by Cambridge University Press. This book was released on 2023-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are some stories that need to be told anew to every generation. This book tells one such story. It explores the historical origins of the common law and explains why that story needs to be understood by all who study or come into contact with English law. The book functions as the prequel to what students learn during their law degrees or for the SQE. It can be read in preparation for, or as part of, modules introducing the study of English law or as a starting point for specialist modules on legal history or aspects of legal history. This book will not only help students understand and contextualise their study of the current law but it will also show them that the options they have to change the law are greater than they might assume from just studying the current law.
Book Synopsis The Legal Framework of English Feudalism by : Stroud Francis Charles Milsom
Download or read book The Legal Framework of English Feudalism written by Stroud Francis Charles Milsom and published by . This book was released on 1976 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Formation of English Common Law by : John Hudson
Download or read book The Formation of English Common Law written by John Hudson and published by Routledge. This book was released on 2014-06-11 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the Anglo-Norman period a concept of law developed, binding ruler and ruled alike and which was based on custom common throughout the country. This was Common Law and it was from this that subsequent law developed. John Hudson's text is an introductory survey of Common Law for students and other non-specialist readers. Certain aspects of medieval law such as its feuds, its ordeals and its outlaws are well known, this text shows how these aspects fitted in to the system as a whole, considers its Anglo-Saxon origins, the influence of the Norman invaders and later administrative reforms. The events and legal processes also throw light on the society, politics and thought of the times.
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 Origins of the Trust by : Gilbert Paul Verbit
Download or read book The Origins of the Trust written by Gilbert Paul Verbit and published by Xlibris Corporation. This book was released on 2021-03-02 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frederic W. Maitland, the pre-eminent Anglo-American legal historian, said that the trust "perhaps forms the most distinctive achievement of English lawyers. It seems to us almost essential to civilization and yet there is nothing quite like it in foreign law." This book is an updating of Maitland’s work, first looking at his suggested “foreign” sources for the trust—Roman law, German (Salic) law , and Franciscan “law”. It then considers a source Maitland did not – Islamic law – and finds that the Islamic waqf is not only “quite like” the trust, but predated it by at least five hundred years.
Book Synopsis The Birth of the English Common Law by : R. C. van Caenegem
Download or read book The Birth of the English Common Law written by R. C. van Caenegem and published by Cambridge University Press. This book was released on 1988-11-24 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a challenging interpretation of the emergence of the common law in Anglo-Norman England, against the background of the general development of legal institutions in Europe. In a detailed discussion of the emergence of the central courts and the common law they administered, the author traces the rise of the writ system and the growth of the jury system in twelfth-century England. Professor van Caenegem attempts to explain why English law is so different from that on the Continent and why this divergence began in the twelfth century, arguing that chance and chronological accident played the major part and led to the paradox of a feudal law of continental origin becoming one of the most typical manifestations of English life and thought. First published in 1973, The Birth of the English Common Law has come to enjoy classical status, and in a preface Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings.
Book Synopsis The King Can Do No Wrong by : Marie-France Fortin
Download or read book The King Can Do No Wrong written by Marie-France Fortin and published by Oxford University Press. This book was released on 2024-07-13 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions. In the first dedicated monograph on the topic, Marie France-Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized. Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world.
Book Synopsis Lords of the Central Marches by : Brock Holden
Download or read book Lords of the Central Marches written by Brock Holden and published by OUP Oxford. This book was released on 2008-08-07 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Middle Ages, the March between England and Wales was a contested, militarised frontier zone, a 'land of war'. With English kings distracted by affairs in France, English frontier lords were left on their own to organize and run lordships in the manner that was best suited to this often violent borderland. The centrepiece of the frontier society that developed was the feudal honour and its court, and in the March it survived as a functioning entity much longer than in England. However, in the twelfth century, as the growing power of the English crown threatened Marcher honours, their lords asserted their independence from the king's courts, and the March became a land where 'the king's writ did not run'. At the same time, the increased military capability of their Welsh adversaries put the Marcher lordships under enormous military and financial strain. Brock Holden describes how this unusual frontier society developed in reaction to both the challenge of the native Welsh and the power of the English kings. Through a multi-faceted examination-political, economic, social, legal, and military-of the lordships of the Central March of Wales, it examines how the 'feudal matrix' of Marcher power developed over the course of the eleventh to thirteenth centuries.
Book Synopsis Lordship and Locality in the Long Twelfth Century by : Hannah Boston
Download or read book Lordship and Locality in the Long Twelfth Century written by Hannah Boston and published by Boydell & Brewer. This book was released on 2024-01-09 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new perspective on lordship in England between the Norman Conquest and Magna Carta. Multiple lordship- that is, holding land or owing allegiance to more than one lord simultaneously- was long regarded under the western European "feudal" model as a potentially dangerous aberration, and a sign of decline in the structure of lordship. Through an analysis of the minor lords of Leicestershire, Derbyshire, and Staffordshire during the long twelfth century, this study demonstrates, conversely, that multiple lordship was at least as common as single lordship in this period and regarded as a normal practice, and explores how these minor lords used the flexibility of lordship structures to construct localised centres of authority in the landscape and become important actors in their own right. Lordship was, moreover, only one of several forces which minor lords had to navigate. Regional society in this period was profoundly shaped by overlapping ties of lordship, kinship, and locality, each of which could have a fundamental impact on relationships and behaviour. These issues are studied within and across lords' honours, around religious houses and urban areas, and in a close case study of the abbey of Burton-upon-Trent. This book thus contextualises lordship within a wider landscape of power and influence.
Book Synopsis Property and Justice by : J. W. Harris
Download or read book Property and Justice written by J. W. Harris and published by OUP Oxford. This book was released on 1996-10-10 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mind something that philosophers would recognize as 'justice'. Bridging the gulf between juristic writing on property and speculations about it appearing in the tradition of western political philosophy, Professor Harris has built from entirely new foundations an analytical framework for understanding the nature of property and its connection with justice. Property and Justice ranges over natural property rights; property as a prerequisite of freedom; incentives and markets; demands for equality of resources; property as domination; property and basic needs; and the question of whether property should be extended to information and human bodily parts. It maintains that property institutions deal both with the use of things and the allocation of wealth, and that everyone has a 'right' that society should provide such an institution.
Book Synopsis Aboriginal Customary Law: A Source of Common Law Title to Land by : Ulla Secher
Download or read book Aboriginal Customary Law: A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Book Synopsis The Norman Conquest by : Hugh M. Thomas
Download or read book The Norman Conquest written by Hugh M. Thomas and published by Rowman & Littlefield. This book was released on 2008 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the successful Norman invasion of England in 1066, this concise and readable book focuses especially on the often dramatic and enduring changes wrought by William the Conqueror and his followers. From the perspective of a modern social historian, Hugh M. Thomas considers the conquest's wide-ranging impact by taking a fresh look at such traditional themes as the influence of battles and great men on history and assessing how far the shift in ruling dynasty and noble elites affected broader aspects of English history. The author sets the stage by describing English society before the Norman Conquest and recounting the dramatic story of the conquest, including the climactic Battle of Hastings. He then traces the influence of the invasion itself and the Normans' political, military, institutional, and legal transformations. Inevitably following on the heels of institutional reform came economic, social, religious, and cultural changes. The results, Thomas convincingly shows, are both complex and surprising. In some areas where one might expect profound influence, such as government institutions, there was little change. In other respects, such as the indirect transformation of the English language, the conquest had profound and lasting effects. With its combination of exciting narrative and clear analysis, this book will capture students interest in a range of courses on medieval and Western history.
Book Synopsis Wife and Widow in Medieval England by : Sue Sheridan Walker
Download or read book Wife and Widow in Medieval England written by Sue Sheridan Walker and published by University of Michigan Press. This book was released on 1993 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the role of women in medieval law and society
Book Synopsis The Formation of the English Common Law by : John Hudson
Download or read book The Formation of the English Common Law written by John Hudson and published by Routledge. This book was released on 2017-08-07 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest. Containing a new chapter charting the Anglo-Saxon period, as well as a fully revised Further Reading section, this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law.
