Search Results for "a-concise-history-of-the-common-law"

A Concise History of the Common Law

A Concise History of the Common Law

  • Author: Theodore Frank Thomas Plucknett
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 1584771372
  • Category: History
  • Page: 802
  • View: 2974
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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.

The Blessings of Liberty, A Concise History of the Constitution of the United States

The Blessings of Liberty, A Concise History of the Constitution of the United States

  • Author: CTI Reviews
  • Publisher: Cram101 Textbook Reviews
  • ISBN: 1619052962
  • Category: Education
  • Page: 60
  • View: 8511
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Facts101 is your complete guide to The Blessings of Liberty, A Concise History of the Constitution of the United States. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.

Streitentscheidung und Normbildung durch den Zivilprozess

Streitentscheidung und Normbildung durch den Zivilprozess

eine rechtsvergleichende Untersuchung zum deutschen, englischen und US-amerikanischen Recht

  • Author: Felix Maultzsch
  • Publisher: Mohr Siebeck
  • ISBN: 9783161505386
  • Category: Law
  • Page: 492
  • View: 2841
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English summary: What is the relationship between the dispute settlement referring to one specific case and the law-making function in the decision-making process of the appellate courts? Felix Maultzsch looks into this question in a comparative study of German, English and US law. German description: Die richterliche Normbildung verkorpert einen immer bedeutsamer werdenden Aspekt der hochstrichterlichen Tatigkeit. Hiermit stellt sich zugleich die Frage, in welchem Verhaltnis diese Normbildung zu der Entscheidung des jeweils anhangigen Rechtsstreits steht. Bildet der konkrete Fall den wesentlichen Entscheidungs- und Erkenntnisgegenstand, aus dem zugleich allgemeinere Ruckschlusse gezogen werden, oder bildet er einen blossen Anlass fur eine abstrakt orientierte Normbildung? Felix Maultzsch geht dieser Frage in einer rechtsvergleichenden Untersuchung zum deutschen, englischen und US-amerikanischen Recht nach, die sich an dem prozessual-institutionellen Rahmen der richterlichen Tatigkeit orientiert. Er untersucht das Verhaltnis zwischen Streitentscheidung und Normbildung aus entwicklungsgeschichtlicher und rechtstheoretischer Perspektive und behandelt zudem konkrete prozessuale Anwendungsbeispiele. Hierbei kann fur die hochstrichterliche Ebene die Grundtendenz beobachtet werden, dass die Normbildung einen immer starkeren Eigenwert erlangt und sich von der Streitentscheidung gleichsam loslost. Der Autor pladiert demgegenuber fur eine Ruckbesinnung auf das klassische Modell, nach dem der jeweilige Fall das Zentrum der richterlichen Tatigkeit bildet und die Rechtsschopfung leitet. Dieser Ansatz konzentriert sich auf die genuinen Starken des Prozesses der richterlichen Entscheidungsfindung und ermoglicht somit auf lange Sicht auch eine nachhaltigere Normbildung.

Making of the West, Peoples and Cultures, A Concise History

Making of the West, Peoples and Cultures, A Concise History

  • Author: CTI Reviews
  • Publisher: Cram101 Textbook Reviews
  • ISBN: 1478439254
  • Category: Education
  • Page: 801
  • View: 6528
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Facts101 is your complete guide to Making of the West, Peoples and Cultures, A Concise History. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.

A Concise History of the French Revolution

A Concise History of the French Revolution

  • Author: Sylvia Neely
  • Publisher: Rowman & Littlefield
  • ISBN: 9780742534117
  • Category: History
  • Page: 287
  • View: 4726
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This concise yet rich introduction to the French Revolution explores the origins, development, and eventual decline of a movement that defines France to this day. Through an accessible chronological narrative, Sylvia Neely explains the complex events, conflicting groups, and rapid changes that characterized this critical period in French history. She traces the fundamental transformations in government and society that forced the French to come up with new ways of thinking about their place in the world, ultimately leading to liberalism, conservatism, terrorism, and modern nationalism. Throughout, the author focuses on the essential political events that propelled the Revolution, at the same time deftly interweaving the intellectual, social, diplomatic, military, and cultural history of the time. Neely explains how the difficult choices made by the royal government and the revolutionaries alike not only brought on the collapse of the Old Regime but moved the nation into increasingly radical policies, to the Terror, and finally to the rise of Napoleon Bonaparte. Written with clarity and nuance, this work offers a deeply knowledgeable understanding of the political possibilities available at any given moment in the course of the Revolution, placing them in a broad social context. All readers interested in France and revolutionary history will find this an engaging and rewarding read.

A Concise History of Britain, 1707-1975

A Concise History of Britain, 1707-1975

  • Author: W. A. Speck
  • Publisher: Cambridge University Press
  • ISBN: 9780521367028
  • Category: History
  • Page: 210
  • View: 7460
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Looks at the people and events that shaped British history

Legal Traditions of the World

Legal Traditions of the World

Sustainable Diversity in Law

  • Author: H. Patrick Glenn
  • Publisher: Oxford University Press, USA
  • ISBN: 0199580804
  • Category: Law
  • Page: 418
  • View: 3827
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'a superb book' J South Pacific L --

Antiquities of the Inns of Court and Chancery

Antiquities of the Inns of Court and Chancery

Containing Historical and Descriptive Sketches Relative to Their Original Foundation, Customs, Ceremonies, Buildings, Government, &c. ; with a Concise History of the English Law

  • Author: William Herbert
  • Publisher: N.A
  • ISBN: N.A
  • Category: Inns of Chancery
  • Page: 377
  • View: 7892
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English Common Law in the Age of Mansfield

English Common Law in the Age of Mansfield

  • Author: James Oldham
  • Publisher: Univ of North Carolina Press
  • ISBN: 0807864005
  • Category: Law
  • Page: 448
  • View: 7935
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In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

The British System of Government and Its Historical Development

The British System of Government and Its Historical Development

  • Author: Christopher Edward Taucar
  • Publisher: McGill-Queen's Press - MQUP
  • ISBN: 0773596569
  • Category: History
  • Page: 313
  • View: 9469
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The basic rules and implications of every state's system of government provide an authoritative and objective basis to guide and judge the actions of the state's decision makers, including courts. Christopher Taucar provides a detailed history of the British system's development from state power being exercised by centralized royal courts to its present-day distinct legislative, judicial, and executive bodies with diverse powers. The British System of Government and Its Historical Development fills a large and important gap in contemporary understandings of British legal and political history by providing a broad overview of a system that influenced political systems across the world. The main constitutional settlements are examined, including the development of parliamentary sovereignty, courts, and the common law, emphasizing the supremacy of law and natural law. Thus, the findings question the assumptions held by many contemporary scholars and judges by reaffirming the centuries-old view of the supremacy of law as an objective and external standard. The British System of Government and Its Historical Development argues that knowing this system is vital not only to our understanding of systems of government in Britain and elsewhere, but also as the basis to hold governments accountable to their most basic rules and imperatives.

A Concise History of Euthanasia

A Concise History of Euthanasia

Life, Death, God, and Medicine

  • Author: Ian Dowbiggin
  • Publisher: Rowman & Littlefield
  • ISBN: 9780742531116
  • Category: History
  • Page: 163
  • View: 1196
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Traces the controversial history of euthanasia, examining evolving opinions about what constitutes a good death and taking issue with the right-to-die movement over the question of legalizing assisted suicide.

History of the Common Law

History of the Common Law

The Development of Anglo-American Legal Institutions

  • Author: John H. Langbein,Renée Lettow Lerner,Bruce P. Smith
  • Publisher: Aspen Publishers
  • ISBN: N.A
  • Category: Law
  • Page: 1141
  • View: 656
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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]

An Historical Introduction to the Land Law

An Historical Introduction to the Land Law

  • Author: Sir William Searle Holdsworth
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 158477262X
  • Category: History
  • Page: 339
  • View: 3341
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Holdsworth, Sir William. An Historical Introduction to the Land Law. London: Oxford University Press, 1927. xxiv, 339 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2002025949. ISBN 1-58477-262-X. Cloth. $95. * Sir William Holdsworth [1871-1944] was one of the most distinguished historians of English common law. Written to provide students of Real Property with a concise history of the field, Holdsworth believed this knowledge necessary as contemporary land law was difficult to understand without an understanding of its roots. Fifoot commends this book in his English Law and its Background for its history of the rules against perpetuities (121). The Law Quarterly Review noted that "every beginner will certainly have to read [this] book before he reads anything else" (44:105). Both sources cited in Marke, A Catalogue of the Law Collection at New York University (1953) 773.

The Sale of Goods

The Sale of Goods

  • Author: Michael G. Bridge
  • Publisher: Oxford University Press, USA
  • ISBN: 0198765355
  • Category: Sales
  • Page: 614
  • View: 6468
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This book is a systematic analysis of the modern English law of domestic sale of goods, covering in detail the following aspects of sale of goods contracts: * formation and definitions * passing of property and risk * mistake and frustration * contents of the contract and implied terms * delivery and payment * termination for breach * exclusion clauses * remedies and transfer of title. Full treatment is given to proprietary matters and the significant reforms which have taken place in recent years including the Sale and Supply of Goods Act 1994, and the Sale of Goods (Amendment) Act 1995. The general law of contract is dealt with as it affects the special contract of sale, but export sales materials are treated only to the extent that they illustrate delivery and payment. The paperback edition also includes a new preface designed for the student reader, covering recent developments in the sale of goods. This thorough and comprehensive book will be a valuable resource for students of commercial law as well as academics and practitioners working in the area.

Thinking Like a Lawyer

Thinking Like a Lawyer

  • Author: Frederick Schauer
  • Publisher: Harvard University Press
  • ISBN: 0674032705
  • Category: Law
  • Page: 239
  • View: 1312
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This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.

A Global Encyclopedia of Historical Writing

A Global Encyclopedia of Historical Writing

  • Author: D.R. Woolf
  • Publisher: Routledge
  • ISBN: 1134819986
  • Category: History
  • Page: 1096
  • View: 5425
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First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

history of restitution in anglo american law

history of restitution in anglo american law

  • Author: N.A
  • Publisher: Brill Archive
  • ISBN: N.A
  • Category:
  • Page: N.A
  • View: 2646
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Families and Estates

Families and Estates

A Comparative Study

  • Author: International Academy of Estate and Trust Law. Annual Conference
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041123784
  • Category: Law
  • Page: 289
  • View: 9397
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This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.

The Fee Tail and the Common Recovery in Medieval England

The Fee Tail and the Common Recovery in Medieval England

1176–1502

  • Author: Joseph Biancalana
  • Publisher: Cambridge University Press
  • ISBN: 9781139430821
  • Category: History
  • Page: N.A
  • View: 2617
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Fee tails were a basic building block for family landholding from the end of the thirteenth to the beginning of the twentieth century. The classic entail was an interest in land which was inalienable and could only pass at death by inheritance to the lineal heirs of the original grantee. Biancalana's study considers the origins, development and use of the entail in later medieval England, and the origins and early use of a reliable legal mechanism for the destruction of individual entails, the common recovery. He untangles the complex history surrounding medieval landholding in this detailed study of the fee tail, the product of extensive research in original sources. This book includes an extensive index of over three hundred common recoveries with discussions of their transactional contexts. A major work which will interest lawyers and historians.

Extending the Boudaries of Trust and Similar Ring-Fenced Funds

Extending the Boudaries of Trust and Similar Ring-Fenced Funds

  • Author: David Hayton
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041198792
  • Category: Law
  • Page: 466
  • View: 3619
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Virtually every jurisdiction today is busy developing private international law rules to deal with trusts and similar ring-fenced structures. With the increasing impact of globalisation, business interests throughout the world are intent on maximising the potential of such structures for raising funds, lowering risks, and cutting costs. As a result, numerous complex issues involving the traditional categories of settlor, beneficiary, and fiduciary are being radically transformed. Extending the Boundaries of Trusts and Similar Ring-Fenced Funds offers valuable analyses, by sixteen well-known authorities in the field, of a broad range of trust-related issues. The many important insights in this book reveal the workings of such issues as the following: the disappearing divergence between common law and civil law jurisdictions in the matter of trusts; using the segregated fund concept to manage the risk of insolvency; the demise of the "amateur trustee" in the charitable trust sector; why loss to the fund supersedes particular losses of beneficiaries; the legal dimensions of hiding ownership by "giving" property to trustees; the intervention of public policy in questions of perpetuity; the selective imposition of OECD and FTF transparency initiatives on offshore jurisdictions; and "policing" of trustee behaviour by beneficiaries. Lawyers, bankers, and others dealing with investment and business finance will find much information as well as food for thought in this fascinating book, as will those involved in the traditional trust industry, whether as trustees or lawyers or fund managers. Most of the essays in this outstanding thematic collection were originally prepared for presentation at a conference held in 2001 at King's College London.