Author: Henry Sumner MainePublisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 440
Book Description
Dissertations on Early Law and Custom
Author: Henry Sumner MainePublisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 446
Book Description
Lectures on the Early History of Institutions
Author: Henry Sumner MainePublisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 440
Book Description
On Early Law and Custom
Author: Sir Henry Sumner MainePublisher:
ISBN:
Category : Anthropology
Languages : en
Pages : 422
Book Description
Dissertations on Early Law and Custom; Chiefly Selected from Lectures Delivered at Oxford
Author: Henry Sumner MainePublisher: BoD – Books on Demand
ISBN: 3385310628
Category : Fiction
Languages : en
Pages : 446
Book Description
Reprint of the original, first published in 1883.
Remaking Custom
Author: Ellen Holmes PearsonPublisher: University of Virginia Press
ISBN: 0813930936
Category : History
Languages : en
Pages : 269
Book Description
History has largely forgotten the writings, both public and private, of early nineteenth-century America’s legal scholars. However, Ellen Holmes Pearson argues that the observers from this era had a unique perspective on the young nation and the directions in which its legal culture might go. Remaking Custom draws on the law lectures, treatises, speeches, and papers of the early republic’s legal scholars to examine the critical role that they played in the formation of American identities. As intermediaries between the founders of America’s newly independent polities and the next generation of legal practitioners and political leaders, the nation’s law educators expressed pride in the retention of the "republican parts" of England’s common law while at the same time identifying some of the central features that distinguished American law from that of Britain. From their perspective, the new nation’s blending of tradition and innovation produced a superior national character. Because American law educators interpreted both local and national legal trends, Remaking Custom reveals how national identities developed through Americans’ articulation of their local customs and identities. Pearson examines the innovations that legists could celebrate, such as constitutional changes that placed the people at the center of their governments and more egalitarian property laws that accompanied America’s abundant supply of land. The book also deals with innovations that presented uncomfortable challenges to law educators as they sought creative ways to justify the legal cultures that grew up around slavery and Anglo-Americans’ hunger for land occupied by Native Americans.
Dissertations on Early Law and Custom. Chiefly Selected from Lectures Delivered at
Author: Henry Sumner MainePublisher: BoD – Books on Demand
ISBN: 338534512X
Category : Fiction
Languages : en
Pages : 414
Book Description
Reprint of the original, first published in 1883.
Domesday Book and the Law
Author: Robin FlemingPublisher: Cambridge University Press
ISBN: 9780521528467
Category : History
Languages : en
Pages : 574
Book Description
The Domesday Book contains a great many things, including the most comprehensive, varied, and monumental legal material to survive from England before the rise of the common law. This book argues that it can - and should - be read as a legal text. When the statistical information present in the great survey is stripped away, there is much material still left, almost all of which stems directly from inquest, testimony given by jurors impanelled in 1086, or from the sworn statements of lords and their men. This information, read in context, can provide a picture of what the law looked like, the ways in which it was changing, and the means whereby the inquest was a central event in the formation of English law. The volume provides translations (with Latin legal terminology included parenthetically) for all of Domesday Book's legal references, each numbered and organised by county, fee, and folio.
Custom, Law, and Monarchy
Author: Marie Seong-Hak KimPublisher: Oxford University Press
ISBN: 0192845497
Category : History
Languages : en
Pages : 302
Book Description
Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.
Custom, Common Law, and the Constitution of English Renaissance Literature
Author: Stephanie ElskyPublisher: Oxford University Press
ISBN: 0192605844
Category : Literary Criticism
Languages : en
Pages : 241
Book Description
Custom, Common Law, and the Constitution of English Renaissance Literature argues that, ironically, custom was a supremely generative literary force for a range of Renaissance writers. Custom took on so much power because of its virtual synonymity with English common law, the increasingly dominant legal system that was also foundational to England's constitutionalist politics. The strange temporality assigned to legal custom, that is, its purported existence since 'time immemorial', furnished it with a unique and paradoxical capacity—to make new and foreign forms familiar. This volume shows that during a time when novelty was suspect, even insurrectionary, appeals to the widespread understanding of custom as a legal concept justified a startling array of fictive experiments. This is the first book to reveal fully the relationship between Renaissance literature and legal custom. It shows how writers were able to reimagine moments of historical and cultural rupture as continuity by appealing to the powerful belief that English legal custom persisted in the face of conquests by foreign powers. Custom, Common Law, and the Constitution of English Renaissance Literature thus challenges scholarly narratives in which Renaissance art breaks with a past it looks back upon longingly and instead argues that the period viewed its literature as imbued with the aura of the past. In this way, through experiments in rhetoric and form, literature unfolds the processes whereby custom gains its formidable and flexible political power. Custom, a key concept of legal and constitutionalist thought, shaped sixteenth-century literature, while this literature, in turn, transformed custom into an evocative mythopoetic.
The Invention of Custom
Author: Francesca IurlaroPublisher: Oxford University Press
ISBN: 0192652826
Category : Law
Languages : en
Pages : 486
Book Description
The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.