Select Essays in Anglo-American Legal History PDF Download

Author: Association of American Law Schools
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 890

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Author: Sir John William Salmond
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 256

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Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Category : Law
Languages : en
Pages : 404

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This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

Author: Keith Culver
Publisher: Oxford University Press
ISBN: 0199708061
Category : Law
Languages : en
Pages : 223

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English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.

Author: Sir William Searle Holdsworth
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1886363137
Category : Law
Languages : en
Pages : 334

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xv, 302 pp. Originally published: Oxford: At the Clarendon Press, 1946. Compiled and edited by A.L. Goodhart and H.G. Hanbury, editors of the last four volumes of Holdsworth's History of English Law, this volume presents a selection of seventeen essays by the great legal scholar. Highlights from his long and prolific career, they address such topics as martial law, the English constitution, case law, equity, trusts, libel, law reporting, contracts and land law. "These essays tend to enlarge the mind and to stir the imagination. They are the work of one of the most distinguished of the great line of English legal historians." --Bernard L. Shientag, Columbia Law Review 47 (1947) 1255 WILLIAM S. HOLDSWORTH [1871-1944] was a professor of constitutional law at Cambridge from 1903-1908 and the Vinerian Professor of English Law at Oxford from 1922-1944. He is well-known for his monumental History of English Law (1st ed. 1908) and other works, such as Charles Dickens as a Legal Historian (1929) and Some Makers of English Law (1938). ARTHUR LEHMAN GOODHARD [1891-1978] was an American-born British academic jurist and lawyer. He was editor of the Cambridge Law Journal from 1921 to 1925, editor the Law Quarterly Review in 1926, a professor of jurisprudence at Oxford University from 1931-1951 and the first American to be the master of an Oxford College. HAROLD GREVILLE HANBURY [1898-1993] was a Fellow at Lincoln College, Oxford, from 1921-1949 and All Souls College, Oxford, from 1949-1964. His works include Modern Equity: Being the Principles of Equity (1935), The Principles of Agency (1952) and The Vinerian Chair and Legal Education (1958).

Author: Maksymilian Del Mar
Publisher: Bloomsbury Publishing
ISBN: 1509903879
Category : Law
Languages : en
Pages : 584

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This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas.

Author: Michael Stolleis
Publisher: CRC Press
ISBN: 1134028105
Category : History
Languages : en
Pages : 94

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Written by the eminent German legal historian, Michael Stolleis, these two ‘Essays on Legal History’ offer an original and compelling history of the symbolism through which law is characterised as being 'above' us. In ‘The Eye of the Law’, the history of this metaphor is followed from antiquity through to the present day: from the Greek Eye of Justice, the eye of the impartial judge of the Underworld, the Eye of God watching past, present and future, the Eye of the Prince, guiding his subjects, to the almighty Eye of the Law. While our belief in the law may have become brittle, nothing escapes what is now the Eye of Big Brother. ‘In the Name of the Law’ takes up the various formulas used to legitimate the decisions of the courts, from the times of absolutism over the 19th century until today. The speaker who speaks in the name of a higher being underlines his function: his authority comes from above. And it is ‘in the name of’ god, king, people, state, nation, or law, that a weak, earthly, justice receives its support.

Author: Tracy A. Thomas
Publisher:
ISBN: 9780814784266
Category : History
Languages : en
Pages : 287

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Attuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women's interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women's legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment. Feminist Legal History represents feminist legal historians' efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton's notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case. Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti Volpp

Author: Robert W. Gordon
Publisher: Cambridge University Press
ISBN: 1107193230
Category : History
Languages : en
Pages : 439

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A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.

Author: Frederic William Maitland
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1886363501
Category : History
Languages : en
Pages : 254

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"The Best Available Introduction to English Legal History" In this work Professor Colby has gathered, annotated and arranged into a sequential history of English law numerous essays by Frederic William Maitland and Francis C. Montague. Each chapter includes a list of recommended readings. These articles supplied what long had been needed for general readers and for law students-a brief but comprehensive, accurate but untechnical account of the origin and growth of English law. ... this series of articles now forms the best available introduction to English legal history. James F. Colby, iii Widely considered the father of legal history, Frederic William Maitland [1850-1906] was an English jurist and historian best known for the standard The History of English Law Before the Time of Edward I, 2 vol. (1895), written with Sir Frederick Pollock. He was educated at Eton and Cambridge and studied at Lincoln's Inn, London. Maitland was called to the bar in 1876, then practiced until 1884 when he became a reader in English law (1884) and professor (1888) at Cambridge. He founded the Selden Society in 1887. Hailed for his original outlook on history, his works profoundly influenced legal scholarship. An extraordinarily productive career was shortened by his death from tuberculosis at age 45. Francis C. Montague [1858-1935] was a Professor of History at University College, London and Lecturer in Modern History, Oriel College, Oxford. He was also the author of The History of England from the Accession of James I. to the Restoration (1907) and The Elements of English Constitutional History from the Earliest Times to the Present Day (1910). James F. Colby [1850-1939] taught international law at Yale Law School from 1883 until 1885. He later taught history and political economics at Dartmouth College, and was Parker Professor of Law and Political Science at Dartmouth College from 1885-1916 and lectured in jurisprudence and international law at Boston University Law School from 1905-1922. CONTENTS CH. I Early English Law, 600 A.D.-1066 CH. II English Law Under Norman Rule and the Legal Reforms of Henry II., 1066-1216 CH. III Growth of Law from Henry II. to Edward I., 1154-1272 CH. IV Legal reform under Edward I. and the System of Writs, 1272-1307 CH. V Growth of Statute and Common Law and Rise of the Court of Chancery, 1307-1600 CH. VI Completion of the Common Law and Statutory Reforms after the Restoration, 1600-1688 CH. VII The Supremacy of Parliament and Rapid Growth of Statute Law, 1688-1800 CH. VIII Growth of Statute Law and Legal Reforms in the Nineteenth Century APPENDICES INDEX