The first volume to be published in the landmark new series, The Oxford History of the Laws of England, the first full-length history of the English law that takes unpublished sources into account The series will be indispensable for law and history libraries Provides not only a history of law, but also a history of English society through legal eyes The history of English law is also the history of US and Commonwealth law This volume covers the years 1483-1558, a period of immense social, political, and intellectual changes, which profoundly affected the law and its workings. It first considers constitutional developments, and addresses the question of whether there was a rule of law under king Henry VIII. In a period of supposed despotism, and enhanced parliamentary power, protection of liberty was increasing and habeas corpus was emerging. The volume considers the extent to which the law was affected by the intellectual changes of the Renaissance, and how far the English experience differed from that of the Continent. It includes a study of the myriad jurisdictions in Tudor England and their workings; and examines important procedural changes in the central courts, which represent a revolution in the way that cases were presented and decided. The legal profession, its education, its functions, and its literature are examined, and the impact of printing upon legal learning and the role of case-law in comparison with law-school doctrine are addressed.
The volume then considers the law itself. Criminal law was becoming more focused during this period as a result of doctrinal exposition in the inns of court and occasional reports of trials. After major conflicts with the Church, major adjustments were made to the benefit of clergy, and the privilege of sanctuary was all but abolished. The volume examines the law of persons in detail, addressing the impact of the abolition of monastic status, the virtual disappearance of villeinage, developments in the law of corporations, and some remarkable statements about the equality of women. The history of private law during this period is dominated by real property and particularly the Statutes of Uses and Wills (designed to protect the king's feudal income against the consequences of trusts) which are given a new interpretation. Leaseholders and copyholders came to be treated as full landowners with rights assimilated to those of freeholders. The land law of the time was highly sophisticated, and becoming more so, but it was only during this period that the beginnings of a law of chattels became discernible. There were also significant changes in the law of contract and tort, not least in the development of a satisfactory remedy for recovering debts.
Combines close legal analysis, legal historiography, and reflections on contemporary (and future) legal developments throughout Europe Legal history helps us to understand our modern law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich source of experience which is as valuable for the development of modern legal doctrines as for law reform. It may also reveal where a wong turn has been taken and thus prevent us from repeating an error. Today, however, historical legal scholarship has acquired an added significance in view of the Europeanization of private law and private law scholarship. It enables us to see the common ground between our modern national legal sustems and to understand existing differences. It makes us aware of the fact that the law has not developed in national isolation and can, therefore, not properly be understood under purely national auspices. It constitutes the foundation for scholarship in comparative law and paves the way towards re-establishing a European legal culture.
The focus of these Clarendon lectures is on the "vital connection that ties the present to the past" (Savigny) and on the link between legal history, modern legal doctrine, and comparative law. They aim to recreate an awareness of a fundamental intellectual unity based on a common tradition. Such awareness is of central importance to sustain the process of a Europeanization of private law which we experience today.
Lecture One: The End of an Era: Transformation of Scholarship in Roman Law Lecture Two: The Transition from Civil Law to Civil Code: Dawn of a New Era?
Lecture Three: A Change in Perspective: European Private Law and its Historical Foundations
This book focuses on the history of the law of obligations, a field of research that continues to flourish Cuts through technicalities and makes it comprehensible to people other than specialist legal historians The English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social and economic changes. Sometimes fragments borrowed from other jurisdictions have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stable ordering.
In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients' interest are juxtaposed alongside changes caused by friction along the boundaries of these principal legal categories; fossilized remnants of old doctrines jostle with newer ideas in a state of half-consistent tension; loose-knit rules of equity developed in the Chancery infiltrate themselves into more tightly controlled Common law structures. The result is a system shot through with inconsistencies and illogicalities, but with the resilience to adapt as necessary to take account of shifting pressures and changing circumstances.
Readership: Advanced students; academic and practising lawyers, and members of the judiciary, interested in the law of torts and in the comparative law of obligations.
An update of the previous edition taking in account the latest syllabuses and changes in the economic environment. Aimed at GCSE and IGCSE students, and as a general introduction to economics.
Features A clear and up-to-date guide to Economics for GCSE and IGCSE.
Reflects the latest economic environment, for example changes in the EU.
Contains full and detailed text as well as exercises and assignments.
The authors retain a clear approach and focus on integrating judicial and legislative developments, to ensure students stay up to date with the ever-evolving legal system Focuses on providing a clear and detailed exposition of the main principles, rules, and issues involved in the legal system, while touching on some of the more challenging and controversial areas open to debate, to ensure students gain a well-rounded picture of this important topic A well-chosen selection of case law illustrates the important rules and principles of the English legal system, helping students to appreciate how the law operates in practice Features detailed discussion of the Human Rights Act 1998 and the European Convention on Human Rights helping students to integrate these important legislations into their studies and to understand the implications for the legal system as a whole Chapter features such as introductions, summaries, diagrams, further reading, and web links allow students to check their understanding, consolidate their knowledge, as well as benefit from directed further study New to this edition Expanded coverage of the Human Rights Act and its implications reflects the importance of the legislation and ensures this text continues to meet the needs of students More detailed discussion of the distinction between the civil and criminal processes encourages increased clarity and understanding of this fundamental area Revised coverage of judicial process and methodology; EU law; legal services; civil procedure; and the police ensures the text continues to map well to undergraduate courses Chapter features such as introductions, summaries, diagrams, further reading, and web links allow students to check their understanding, consolidate their knowledge, as well as benefit from directed further study A new Online Resource Centre features updates on key cases and legislation to ensure the text continues to be up to date throughout the life of the edition, plus the further web links provide a platform for reliable and focused online research This established textbook provides a valuable point of learning and reference for students. The authors offer a clear and authoritative explanation of the main principles, rules, and issues involved in the English legal system, to create an essential tool for all students who need to understand this important subject. The central issues are illustrated through the use of a wide range of case law, which helps to bring the subject to life and demonstrates its practical application.
Features such as chapter introductions and summaries, diagrams, further reading suggestions, and recommended websites allow students to navigate easily through the text, consolidate their knowledge and understanding, and conduct focused and relevant further study.
A new Online Resource Centre provides updates to relevant case law and legislation to ensure students can continue to benefit from this reliable text whilst keeping up to date with developments in the law since its publication.
Online Resource Centre Updates to case law and legislation Web links Readership: Primarily aimed at first year LLB students studing core English Legal System modules; also suitable for any student requiring an understanding of the English legal system.
The definitive source book on the development of the common law of persons, obligations, and property - an essential reference point for all legal historians or comparative lawyers engaged in this history of the common law Translates the sources into modern, accessible English, making the primary materials accessible to students of legal history The sources themselves offer a rich resource for historians of English society, government, and economics, revealing the operation of the courts in personal and economic disputes New to this edition Includes new sources discovered since the first edition published in 1986 Comprehensively revised and updated in light of recent scholarship, including corrections to some sources in light of law reports that were previously unavailable Baker and Milsom's Sources of English Legal History is the definitive source book on the development of English private law. This new edition has been comprehensively revised and udpated to incorporate new sources discovered since the original publication in 1986, and to reflect developments in recent scholarship.
All the sources included are translated into modern English, offering an accessible inroad to the leading primary materials for students of the history of the common law.
The sources themselves - revealing the operation of courts across a wide range of personal and economic disputes - offer a rich resource for historians researching the development of the English government, society, and economy. Their significance in shaping the common law spans beyond England, and ensures the collection is an essential reference point for all those interested in the history of the common law in any jurisdiction.
Readership: Students and scholars of legal history and the English legal system. Historians and students working on the development of the common law outside England. English historians specializing in the history of government, or social and economic historians.
Effectively bridges the gap between theory and practice, thus ensuring that students gain a fully rounded understanding of the subject, and appreciate how the law is applied in criminal and civil cases Students are encouraged throughout the text to apply the law they've learned in relation to two fictitious cases, supporting documents for which can be found on the Online Resource Centre, thus enabling them to apply their knowledge in a practical capacity Thought-provoking questions for discussion at the end of each chapter similarly encourage a critical, problem based approach to the subject New to this edition Fully updated to cover all recent developments in the subject area, especially relating to the areas of bad character and hearsay evidence Accompanied by an Online Resource Centre featuring twice-annual updates to the text, a list of useful web links, and the supporting documents for the 'R v. Coke & Littleton' etc. fictitious cases (including audio material) Annotated lists of further reading at the end of each chapter highlight important sources for further study and encourage independent research Concise chapter summaries help to reinforce students' learning and provide a means to measure understanding Murphy on Evidence is firmly established as a leading text for use on undergraduate law courses and in preparation for professional examinations. Frequently consulted by judges and practitioners, it has come to be regarded as a work of authority throughout the common law world. It bridges the gap between academic and practical treatments of the law of evidence, containing detailed academic analysis of the law alongside a wealth of practical information about how the law is applied in the courtroom.
The eleventh edition continues to feature detailed coverage of the seminal decisions of the Court of Appeal, interpreting the hearsay and character evidence provisions of the Criminal Justice Act 2003. It provides a clear analysis of how the law has developed in these crucial areas, and practical observations on how the new rules are being applied by trial courts. The book has been thoroughly updated and deals with many important decisions of the House of Lords and the Court of Appeal since publication of the last edition. There have been significant developments in almost every area of the law.
As in previous editions, the author's teaching method is centred around a realistic, though fictitious, criminal case and civil case, presenting challenging evidence issues and questions for discussion at the end of each chapter.
Murphy on Evidence first appeared in 1980 under the name A Practical Approach to Evidence, and its success in providing a readable and practical guide to the subject has been widely acknowledged, not only by law teachers and students, but also by the profession.
Online Resource Centre An Online Resource Centre, authored by Richard Glover of the University of Wolverhampton, accompanies this book, and features twice-yearly updates to the text, a list of web links and the supporting documents for the two fictitious cases.
Readership: Undergraduate or postgraduate students studying modules on the law of evidence on either the LLB or BVC.
Detailed account of a little-known precedent of the Euro using hitherto unknown sources Comparative European approach Multidisciplinary and of interest to the non-specialist Money and Politics reconstructs for the first time the full history of the creation of the Latin Monetary Union (LMU), a long forgotten precedent of the Euro. It focuses in particular on the attempted transformation of the LMU into a European Monetary Union between 1865 and 1873. The use of extensive diplomatic and banking archives in France, Britain, Italy, and Germany has enabled the author to reconstruct in detail the intellectual debate concerning the gold standard and bimetallism, as well as the surrounding political and diplomatic manoeuvres, which in many ways anticipated the conflicts of today's monetary unification.
Einaudi's findings show that the project of a common currency was well received in central and southern Europe, but worked against the emergence of a united Germany, and was blocked by the Franco--Prussian war. In Britain, Disraeli declined to join the Latin Monetary Union, but in 1869, the new Liberal Chancellor of the Exchequer saw the advantages offered by a scheme which appeared to be enjoying success on the Continent, and attempted to join the monetary union, thereby alienating and securing the opposition of both the City and Gladstone.
This book is written in an accessible and multidisciplinary fashion, and will appeal to economists, historians, and political scientists with an interest in the formation and readjustment of government policies. It also paints a fascinating picture for policy makers and all those concerned with current debates surrounding EMU and the British position.
Readership: Academics and advanced students in European history, politics, economic history, and economics. Also policy makers and the general public interested in current debates about EMU.
Another volume in the Clarendon Law Lectures series The author is the leading legal historian of English Legal History in the UK An important contribution to understanding the character of the common law tradition 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.
Readership: Scholars and students of the English system and British legal history
Begins with a concise historical sketch of Rome and the Romans for those coming to the subject for the first time Provides accessible coverage of key topics such as the Roman legal system, and the law of persons, property and obligations Provides an overview of the impact of Roman law on modern legal systems Includes numerous extracts (fully translated) from the Digest and the Institutes of Justinian Accompanied by an extensive Online Resource Centre containing multiple choice questions, an interactive time line, a glossary of Latin terms, annotated web links, short biographies of key figures, original Latin versions of extracts reproduced in the book, examples of textual analysis of Roman law texts, and a guide to the literature and sources of Roman law New to this edition Updated to take full account of recent scholarly debate and literature Includes greater contextualisation of points of law, to present a more rounded picture of Roman law and the environment in which it operated Extracts from the key sources of Roman law are highlighted to distinguish them clearly from the text Two new online resources have been added to the Online Resource Centre: examples of textual analysis, to demonstrate how to analyse specific Roman law texts; and a guide to further research, to aid students in finding Roman law texts and associate literature on specific topics Borkowski's Textbook on Roman Law has been written with undergraduate students firmly in mind. The book provides a clear and highly readable account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations.
Aiming to provide a rounded picture of the subject, the author sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems.
A major feature of the book is the inclusion throughout of extracts in translation from the most important sources of Roman law: the Digest and the Institutes of Justinian. Annotated further reading sections at the end of each chapter act as a guide to further enquiry.
Online Resource Centre The book is accompanied by an extensive Online Resource Centre, containing the following resources:
-Self-test multiple choice questions -Interactive timeline -Biographies of key figures -Glossary of Latin terms -Annotated web links -Original Latin versions of the extracts from the Digest and the Institutes -Examples of textual analysis of Roman law texts -Guide to the literature and sources of Roman law Readership: Law students studying Roman law at undergraduate level, and those taking degrees in the classics.
Provides an introduction to the economics, institutional mechanisms, and politics of the world trading system. This work covers the period since the setting up of the World Trade Organization (WTO). Its information is useful to understand why WTO rules are phrased as they are, and the processes by which organizations influence the trading system.