This study addresses the ius commune's relation to and influence on English law. Helmholz aims to fill in some of the gaps in scholarship on the common legal past of Western law, the history of the Roman and canon laws, the history of the ecclesiastical courts, parallels between the ius commune and English common law, and English church history.
This study addresses the ius commune's relation to and influence on English law. Helmholz aims to fill in some of the gaps in scholarship on the commo...
This volume traces the reception and subsequent history of the canon law in England between 597 and 1649. It covers, amongst other topics, the Anglo-Saxon laws, both secular and spiritual; the establishment of consistory courts; and the fate of the canon law during and after the English reformation. Secondly, this volume addresses the subjects under ecclesiastical jurisdiction: civil procedure and the law of proof; monetary obligations and economic regulation; testamentary law and probate jurisdiction; tithes and spiritual dues; churches and the clergy; marriage and divorce; defamation;...
This volume traces the reception and subsequent history of the canon law in England between 597 and 1649. It covers, amongst other topics, the Anglo-S...
R. H. Helmholz Charles M. Gray Albert W. Alschuler
Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what has sometimes been taken to be an unchanging tenet of our legal system has actually encompassed many different legal consequences in a history that reaches back to the Middle Ages. Each chapter of this definitive study uncovers what the privilege meant in practice. The authors trace the privilege from its origins in the medieval period to its first appearance in English common law, and from its translation to the American colonies to its...
Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what ha...
In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to demonstrate the extent to which, contrary to received wisdom, Roman canon law survived in England after the upheavals of the Protestant Reformation. Clearly and elegantly written, this study is both a companion to and development of Maitland's celebrated Roman Canon Law in Medieval England. It will be of great interest not only to legal and ecclesiastical specialists but to any reader seeking a wider understanding of the constitutional and...
In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to...
In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to demonstrate the extent to which, contrary to received wisdom, Roman canon law survived in England after the upheavals of the Protestant Reformation. Clearly and elegantly written, this study is both a companion to and development of Maitland's celebrated Roman Canon Law in Medieval England. It will be of great interest not only to legal and ecclesiastical specialists but to any reader seeking a wider understanding of the constitutional and...
In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to...
Despite the long reach of classical canon law--across Europe, well into modern times, and into such secular subjects as theft, wills, and the sale of goods--it has been the subject of far too few general studies in English. Illuminating the basic nature of the canon, this work explores the roles of moral, social, political, and religious values in the laws' development through the seventeenth century. At the same time, R. H. Helmholz makes relevant the attitudes and formal techniques of the laws' authors, practitioners, and interpreters.
Helmholz first discusses the origins of the canon...
Despite the long reach of classical canon law--across Europe, well into modern times, and into such secular subjects as theft, wills, and the sale ...
The theory of natural law grounds human laws in the universal truths of God's creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law's foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the...
The theory of natural law grounds human laws in the universal truths of God's creation. Until very recently, lawyers in the Western tradition studi...
