english common law in the age of mansfield studies in legal history

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English Common Law In The Age Of Mansfield

Author : James Oldham
ISBN : 9780807864005
Genre : Law
File Size : 41. 67 MB
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In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

Unjust Enrichment And Contract

Author : Tariq Baloch
ISBN : 9781847314987
Genre : Law
File Size : 81. 5 MB
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This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract. Secondly, the book departs from the orthodox account by rejecting the unjust factors approach and endorsing the absence of basis approach for the law of unjust enrichment. Finally, the book argues that the right to restitution in the contractual context should be determined by the conditionality of the transfer of the benefit rather than a requirement such as the termination of the contract, as the orthodox account dictates. To that end the book proposes the following model, under which the right to restitution in the contractual context is determined by the resolution of the following two questions: (1) Was the transfer of the benefit (eg of money or services) conditional? (2) Was there a qualifying failure of condition? A condition can be, and often is, the other contracting party's counter-performance, but it may also be an event not promised by either party. What qualifies as a failure of condition depends on the type of contract in question. This book identifies two types of contracts, namely those which are apportioned (eg instalment contracts) and those which are unapportioned. It is only in relation to the latter that termination is required. It is a particular strength of the book that it is underpinned by detailed and original historical analysis which makes a novel and distinct contribution to the history of the laws of unjust enrichment and contract. 'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.' Robert H Stevens, University College, London. 'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.' Mike Macnair, Oxford University. 'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.' David Ibbetson, Cambridge University. 'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.' Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)

Landmark Cases In The Law Of Contract

Author : Charles Mitchell
ISBN : 9781847317100
Genre : Law
File Size : 20. 25 MB
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Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.

Writing The Legal Record

Author : Kurt X. Metzmeier
ISBN : 9780813168623
Genre : Law
File Size : 21. 28 MB
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Any student of American history knows of Washington, Jefferson, and the other statesmen who penned the documents that form the legal foundations of our nation, but many other great minds contributed to the development of the young republic's judicial system -- figures such as William Littell, Ben Monroe, and John J. Marshall. These men, some of Kentucky's earliest law reporters, are the forgotten trailblazers who helped establish the foundation of the state's court system. In Writing the Legal Record: Law Reporters in Nineteenth-Century Kentucky, Kurt X. Metzmeier provides portraits of the men whose important yet understudied contributions helped create a new common law inspired by English legal traditions but fully grounded in the decisions of American judges. He profiles individuals such as James Hughes, a Revolutionary War veteran who worked as a legislator to reform confusing property laws inherited from Virginia. Also featured is George M. Bibb, a prominent U.S. senator and the secretary of the treasury under President John Tyler. To shed light on the pioneering individuals responsible for collecting and publishing the early opinions of Kentucky's highest court, Metzmeier reviews nearly a century of debate over politics, institutional change, human rights, and war. Embodied in the stories of these early reporters are the rich history of the Commonwealth, the essence of its legal system, and the origins of a legal print culture in America.

European Law In The Past And The Future

Author : R. C. van Caenegem
ISBN : 0521006481
Genre : History
File Size : 73. 20 MB
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R. C. van Caenegem considers the historical reasons behind European legal diversity.

Legal Histories Of The British Empire

Author : Shaunnagh Dorsett
ISBN : 9781317915744
Genre : History
File Size : 39. 86 MB
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This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law’s central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.

A Companion To American Legal History

Author : Sally E. Hadden
ISBN : 9781118533765
Genre : History
File Size : 70. 74 MB
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A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas

Sir Edward Coke And The Reformation Of The Laws

Author : David Chan Smith
ISBN : 9781107069299
Genre : History
File Size : 82. 96 MB
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This study of Edward Coke's legal thought reinterprets the political and legal thought of early Stuart England.

A Concise History Of The Common Law

Author : Theodore Frank Thomas Plucknett
ISBN : 9781584771371
Genre : History
File Size : 65. 14 MB
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Plucknett, Theodore F.T. A Concise History of the Common Law. Fifth Edition. Boston: Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067821. ISBN 1-58477-137-2. Cloth. $125. * "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate...Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law...In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." Percy H. Winfield. Harv. L. Rev. 43:339-340.

Zwischen Formstrenge Und Billigkeit

Author : Peter Oestmann
ISBN : 3412203246
Genre : Civil procedure
File Size : 54. 85 MB
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