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This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.
'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.
This first booklength survey of the 800-year evolution of Anglo-American common law contract begins in 12th-century England and extends to contemporary America, focusing on how procedural, economic, intellectual, and social considerations tempered the form of contract law and analyzing the thought of lawyers and judges throughout the period. Covers Plantagenet royal courts in England to contract law in the context of American urban, industrialized society; reviews public policy, consumerism, and codification; and poses questions about the future direction of contract law.
This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.
As the 2000 census resoundingly demonstrated, the Anglo-Protestant ethnic core of the United States has all but dissolved. In a country founded and settled by their ancestors, British Protestants now make up less than a fifth of the population. This demographic shift has spawned a culture war within white America. While liberals seek to diversify society toward a cosmopolitan endpoint, some conservatives strive to maintain an American ethno-national identity. Eric Kaufmann traces the roots of this culture war from the rise of WASP America after the Revolution to its fall in the 1960s, when social institutions finally began to reflect the nation's ethnic composition. Kaufmann begins his account shortly after independence, when white Protestants with an Anglo-Saxon myth of descent established themselves as the dominant American ethnic group. But from the late 1890s to the 1930s, liberal and cosmopolitan ideological currents within white Anglo-Saxon Protestant America mounted a powerful challenge to WASP hegemony. This struggle against ethnic dominance was mounted not by subaltern immigrant groups but by Anglo-Saxon reformers, notably Jane Addams and John Dewey. It gathered social force by the 1920s, struggling against WASP dominance and achieving institutional breakthrough in the late 1960s, when America truly began to integrate ethnic minorities into mainstream culture.
Law and Order in Anglo-Saxon England explores English legal culture and practice across the Anglo-Saxon period, beginning with the essentially pre-Christian laws enshrined in writing by King AEthelberht of Kent in c. 600 and working forward to the Norman Conquest of 1066. It attempts to escape the traditional retrospective assumptions of legal history, focused on the late twelfth-century Common Law, and to establish a new interpretative framework for the subject, more sensitive to contemporary cultural assumptions and practical realities. The focus of the volume is on the maintenance of order: what constituted good order; what forms of wrongdoing were threatening to it; what roles kings, lords, communities, and individuals were expected to play in maintaining it; and how that worked in practice. Its core argument is that the Anglo-Saxons had a coherent, stable, and enduring legal order that lacks modern analogies: it was neither state-like nor stateless, and needs to be understood on its own terms rather than as a variant or hybrid of these models. Tom Lambert elucidates a distinctively early medieval understanding of the tension between the interests of individuals and communities, and a vision of how that tension ought to be managed that, strikingly, treats strongly libertarian and communitarian features as complementary. Potentially violent, honour-focused feuding was an integral aspect of legitimate legal practice throughout the period, but so too was fearsome punishment for forms of wrongdoing judged socially threatening. Law and Order in Anglo-Saxon England charts the development of kings' involvement in law, in terms both of their authority to legislate and their ability to influence local practice, presenting a picture of increasingly ambitious and effective royal legal innovation that relied more on the cooperation of local communal assemblies than kings' sparse and patchy network of administrative officials.
`Eve Darian-Smith takes us on an amazing journey spanning four centuries, brilliantly illuminating the continuously evolving interplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight `law moments' that ingeniously show how legal rights are subtly shaped by culturally prevailing ideas about religion and race.'---Richard Falk, Albert G Milbank Professor of International Law Emeritus, Princeton University --