Questioning accepted views of common law, this book attempts to clarify the nature of common-law practice and the way in which it was envisaged by its practitioners. It asserts that attempts--notably those by Blackstone and Bentham--to expound or criticize common law in essentially theoretical terms were mistaken, and examines the evolution and spread of judicial ideas which were grounded upon the work of moral and political philosophers. Covering important philosophical and political debates of the time and the development of legal theory over a period of 70 years, The Common Law and English...
Questioning accepted views of common law, this book attempts to clarify the nature of common-law practice and the way in which it was envisaged by its...
This major new study of the famous political trials of 1970s in South Africa traces the extraordinary steps by which the now dismantled system of Apartheid sought to employ the legal sanctions to prosecute its campaign against its opponents, the ANC, the National Union of South African Students, the Black People's Convention and the South African Students Organizations. Readers will find this work original and thought-provoking.
This major new study of the famous political trials of 1970s in South Africa traces the extraordinary steps by which the now dismantled system of Apar...
Law and History contains a collection of essays by prominent legal historians, which explore the ways in which history has been used by lawyers past and present to answer legal questions. In common with earlier volumes in the Current Legal Issues series, it seeks both a theoretical and methodological focus. This volume covers a broad range of topics, from a discussion of the nature of norms in the middle ages to the role of war crimes trials in the twentieth century. It includes wide-ranging historiographical discussions, which examine the nature and aims of the legal historian, as well...
Law and History contains a collection of essays by prominent legal historians, which explore the ways in which history has been used by lawyers past a...
The essays in Communities and Courts in Britain, 1150-1900 all reflect the wider concept of legal history - how legal processes fitted into the social and political life of the community and how courts and other legal processes were used by contemporaries. In doing so they aim both to justify the study of legal history in its own right and to show how legal records, including those of a variety of central and local courts, can be used to further our understanding of a wide range of social, commercial, popular and political history.
The essays in Communities and Courts in Britain, 1150-1900 all reflect the wider concept of legal history - how legal processes fitted into ...
This innovative book draws together literature, law and economic and social history to investigate the meanings and uses of legitimacy in nineteenth-century Britain. This broad range of essays highlights the ways in which contested narratives and interested performances shaped the idea of legitimate authority during this period.
This innovative book draws together literature, law and economic and social history to investigate the meanings and uses of legitimacy in nineteenth-c...
This book explores the intellectual contexts in which the development of tort law took place in Europe. With contributions from legal theorists, social and intellectual historians and comparative lawyers, it examines how conceptions of community and responsibility changed over time, providing a context both for new notions of the role of the state in protecting its citizens and for new interpretations of older private law concepts. The book also examines how the law of tort was shaped and applied by judges in the codified and uncodified systems, comparing the common law system of England with...
This book explores the intellectual contexts in which the development of tort law took place in Europe. With contributions from legal theorists, socia...
Mar, Maksymilian Del Maksymilian De Michael Lobban
This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between the discplines of legal theory and history. 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...
This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship betw...
Volume 8, the third of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the common law mind as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke s...
Volume 8, the third of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a history of legal philosophy in ...
