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Author: John Baker Publisher: Oxford University Press ISBN: 0191661678 Category : Law Languages : en Pages :
Book Description
The common law is almost universally regarded as a system of case-law, increasingly supplemented by legislation, but this is only partly true. There is an extensive body of lawyers' law which has a real existence outside the formal sources but is seldom acknowledged or discussed either by theorists or legal historians. This will still be so even when every judicial decision is electronically accessible. In the heyday of the inns of court, this second body of law was partly expressed in `common learning'. a corpus of legal doctrine handed on largely by oral tradition and a system of education informing the mind of every common lawyer. That common learning emanated from a law school in which the judges actively participated, and in which the lecturers of one generation provided the judiciary of the next. Some of it was written down, though the texts were until recently forgotten, and its importance was overlooked by historians as a result of changes in the common-law system during the early-modern period. Other forms of informal law may be seen at work in other times and contexts. Although judicial decisions will always remain prime sources of legal history, as well as of law, the other body of legal thought and practice is equally `law' in that it influences lawyers and has real consequences. Neither the history nor the present working of the common law can be understood without acknowledging its importance.
Author: John Baker Publisher: Oxford University Press ISBN: 0191661678 Category : Law Languages : en Pages :
Book Description
The common law is almost universally regarded as a system of case-law, increasingly supplemented by legislation, but this is only partly true. There is an extensive body of lawyers' law which has a real existence outside the formal sources but is seldom acknowledged or discussed either by theorists or legal historians. This will still be so even when every judicial decision is electronically accessible. In the heyday of the inns of court, this second body of law was partly expressed in `common learning'. a corpus of legal doctrine handed on largely by oral tradition and a system of education informing the mind of every common lawyer. That common learning emanated from a law school in which the judges actively participated, and in which the lecturers of one generation provided the judiciary of the next. Some of it was written down, though the texts were until recently forgotten, and its importance was overlooked by historians as a result of changes in the common-law system during the early-modern period. Other forms of informal law may be seen at work in other times and contexts. Although judicial decisions will always remain prime sources of legal history, as well as of law, the other body of legal thought and practice is equally `law' in that it influences lawyers and has real consequences. Neither the history nor the present working of the common law can be understood without acknowledging its importance.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: K. Robertson Publisher: Springer ISBN: 1137067845 Category : Social Science Languages : en Pages : 286
Book Description
This is an exploration the intellectual consequences of one of the most fundamental shifts in late medieval English society: the first national labour regulation in the wake of the 1348 plague. Bridging the medieval and early modern periods, this book analyzes a wide range of texts and images produced in this initial period of labour regulation.
Author: Ernst Kantorowicz Publisher: Princeton University Press ISBN: 1400880785 Category : History Languages : en Pages : 633
Book Description
Originally published in 1957, this classic work has guided generations of scholars through the arcane mysteries of medieval political theology. Throughout history, the notion of two bodies has permitted the postmortem continuity of monarch and monarchy, as epitomized by the statement, “The king is dead. Long live the king.” In The King’s Two Bodies, Ernst Kantorowicz traces the historical dilemma posed by the “King’s two bodies”—the body natural and the body politic—back to the Middle Ages. The king’s natural body has physical attributes, suffers, and dies, as do all humans; however the king’s spiritual body transcends the earth and serves as a symbol of his office as majesty with the divine right to rule. Bringing together liturgical works, images, and polemical material, Kantorowicz demonstrates how early modern Western monarchies gradually began to develop a political theology. Featuring a new introduction and preface, The King’s Two Bodies is a subtle history of how commonwealths developed symbolic means for establishing their sovereignty and, with such means, began to establish early forms of the nation-state.
Author: James M. Greene Publisher: LSU Press ISBN: 0807172715 Category : Literary Criticism Languages : en Pages : 179
Book Description
In The Soldier’s Two Bodies, James M. Greene investigates an overlooked genre of early American literature—the Revolutionary War veteran narrative—showing that it by turns both promotes and critiques a notion of military heroism as the source of U.S. sovereignty. Personal narratives by veterans of the American Revolution indicate that soldiers in the United States have been represented in two contrasting ways from the nation’s first days: as heroic symbols of the body politic and as human beings whose sufferings are neglected by their country. Published from 1779 through the late 1850s, narrative accounts of Revolutionary War veterans’ past service called for recognition from contemporary audiences, inviting readers to understand the war as a moment of violence central to the founding of the nation. Yet, as Greene reveals, these calls for recognition at the same time underscored how many veterans felt overlooked and excluded from the sovereign power they fought to establish. Although such narratives stem from a discourse that supports centralized, continental nationalism, they disrupt stable notions of a unified American people by highlighting those left behind. Greene discusses several well-known examples of the genre, including narratives from Ethan Allen, Joseph Plumb Martin, and Deborah Sampson, along with Herman Melville's fictional adaptation of the life of Israel Potter. Additional chapters focus on accounts of postwar frontier actions, including narratives collected by Hugh Henry Brackenridge that voice concerns over populist violence, along with stranger narratives like those of Isaac Hubbell and James Roberts, which register as fantastic imitations of the genre commenting on antebellum racial politics. With attention to questions of historical context and political ideology, Greene charts the process by which veteran narratives promote exception, violence, and autonomy, while also encouraging restraint, sacrifice, and collectivity. Revolutionary War veteran narratives offer no easy solutions to the appropriation of veterans’ lives within military nationalism and sovereign violence. But by bringing forward the paradox inherent in the figure of the U.S. soldier, the genre invites considerations of how to reimagine those representations. Drawing attention to paradoxes presented by the memory of the American Revolution, The Soldier’s Two Bodies locates the origins of a complicated history surrounding the representation of veterans in U.S. politics and culture.
Author: Alexander Hamilton Publisher: Read Books Ltd ISBN: 1528785878 Category : History Languages : en Pages : 420
Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: Stephen M. Best Publisher: University of Chicago Press ISBN: 0226241114 Category : Literary Criticism Languages : en Pages : 375
Book Description
In this study of literature and law before and since the Civil War, Stephen M. Best shows how American conceptions of slavery, property, and the idea of the fugitive were profoundly interconnected. The Fugitive's Properties uncovers a poetics of intangible, personified property emerging out of antebellum laws, circulating through key nineteenth-century works of literature, and informing cultural forms such as blackface minstrelsy and early race films. Best also argues that legal principles dealing with fugitives and indebted persons provided a sophisticated precursor to intellectual property law as it dealt with rights in appearance, expression, and other abstract aspects of personhood. In this conception of property as fleeting, indeed fugitive, American law preserved for much of the rest of the century slavery's most pressing legal imperative: the production of personhood as a market commodity. By revealing the paradoxes of this relationship between fugitive slave law and intellectual property law, Best helps us to understand how race achieved much of its force in the American cultural imagination. A work of ambitious scope and compelling cross-connections, The Fugitive's Properties sets new agendas for scholars of American literature and legal culture.
Author: John Baker
Author: John Baker
Author: American Bar Association. House of Delegates
Author: K. Robertson
Author: Ernst H. Kantorowicz
Author: Ernst Kantorowicz
Author: James M. Greene
Author: Oliver Wendell Holmes
Author: Alexander Hamilton
Author: Theodore Frank Thomas Plucknett
Author: Stephen M. Best