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 : 69. 62 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.

Zwischen Formstrenge Und Billigkeit

Author : Peter Oestmann
ISBN : 3412203246
Genre : Civil procedure
File Size : 31. 89 MB
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Unjust Enrichment And Contract

Author : Tariq Baloch
ISBN : 9781847314987
Genre : Law
File Size : 86. 59 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)

Introduction To English Legal History

Author : John Baker
ISBN : 9780192540737
Genre : Law
File Size : 30. 45 MB
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Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.

The Eighteenth Century Current Bibliography For 2004

Author : Kevin L. Cope
ISBN : 0404622321
Genre : Reference
File Size : 83. 87 MB
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Includes: I. PRINTING AND BIBLIOGRAPHIC STUDIES.; II. HISTORICAL, SOCIAL, AND ECONOMIC STUDIES.; III. PHILOSOPHY, SCIENCE, AND RELIGION.; IV. FINE ARTS: General Cultural Studies; Architecture; Art; Music; Theater.; V. FOREIGN LITERATURES AND LANGUAGES: Iberian Literatures and Languages; Latin Literature and Language; French Literature and Language; Italian Literature and Language; German Literature and Language; Flemish and Netherlandic (Dutch) Literatures and Languages; Yiddish Literature and Language; Scandinavian Literatures and Languages; Slavic and Central European Literatures and Languages.; VI. BRITISH LITERATURES.; VII. NEW WORLD LITERATURES AND LANGUAGES: American Literature and Language; Australian, New Zealand, and Adjacent Literatures and Cultures

Book Review Digest

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ISBN : UOM:39015066156806
Genre : Bibliography
File Size : 46. 14 MB
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The Province Of Legislation Determined

Author : David Lieberman
ISBN : 0521528542
Genre : History
File Size : 46. 84 MB
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A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform.

American Law School Review

Author :
ISBN : CORNELL:31924060757006
Genre : Law
File Size : 84. 28 MB
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Subject Guide To Books In Print

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ISBN : STANFORD:36105025888533
Genre : American literature
File Size : 60. 69 MB
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The Law Times

Author :
ISBN : STANFORD:36105060416075
Genre : Law
File Size : 38. 95 MB
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