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Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.
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. 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 Reader's Guide to British History is the essential source to secondary material on British history. This resource contains over 1,000 A-Z entries on the history of Britain, from ancient and Roman Britain to the present day. Each entry lists 6-12 of the best-known books on the subject, then discusses those works in an essay of 800 to 1,000 words prepared by an expert in the field. The essays provide advice on the range and depth of coverage as well as the emphasis and point of view espoused in each publication.
The first book to address the way that the broad and inclusive subject of legal history is researched and written.
That ‘poor law was law’ is a fact that has slipped from the consciousness of historians of welfare in England and Wales, and in North America. Welfare's Forgotten Past remedies this situation by tracing the history of the legal right of the settled poor to relief when destitute. Poor law was not simply local custom, but consisted of legal rights, duties and obligations that went beyond social altruism. This legal ‘truth’ is, however, still ignored or rejected by some historians, and thus ‘lost’ to social welfare policy-makers. This forgetting or minimising of a legal, enforceable right to relief has not only led to a misunderstanding of welfare’s past; it has also contributed to the stigmatisation of poverty, and the emergence and persistence of the idea that its relief is a 'gift' from the state. Documenting the history and the effects of this forgetting, whilst also providing a ‘legal’ history of welfare, Lorie Charlesworth argues that it is timely for social policy-makers and reformists – in Britain, the United States and elsewhere – to reconsider an alternative welfare model, based on the more positive, legal aspects of welfare’s 400-year legal history.
LIFE. SEX. RACE. POWER. FREE SPEECH. PROTEST. PRIVACY. DEMOCRACY. SOVEREIGNTY. DEATH. Society shapes law... and law shapes society. We like to imagine that progress comes about when Parliament spots a looming groundswell in public opinion and responds by changing the laws that govern our daily lives. This is not always true. In this fascinating book, Inigo Bing unravels ten legal cases in which the decisions of judges or a jury either heralded a shift in outlook or forced Parliament to respond to simmering social change. Some of these cases demonstrate the role judges have in defending our civil liberties against overweening executive power, articulating inherent unwritten rights Parliament would prefer to keep quiet about. Others explore what happens when rapid technological or social change outpaces government, placing urgent ethical dilemmas in the lap of the court. All of them have had a lasting impact on the society we inhabit. Taken together, these stories provide a powerful insight into eighty years of British social, political and cultural history, illustrating why legal cases are just as important to making our world as laws written by Parliament or grassroots changes within society.
One of the fastest-growing and most exciting areas of historical research in recent years has been the study of crime and the criminal. The intrinsic fascination of the subject is enhanced by the fact that between the mid eighteenth century and early twentieth century, the English criminal justice system was fundamentally transformed as a new disciplinary state emerged. Drawing on recent research, this book provides a comprehensive and up-to-date synthesis of these important changes.
R.C. Van Caenegem is the successor of Henri Pirenne and of F.L. Ganshof at the University of Ghent. These essays reflect Van Caenegem's main interests over his career: the Common Law in England and Customary Law in the Low Countries; the differences between institutional development in England and in the rest of Europe; and the forces making for autocratic as opposed to representative government. A number of pieces discuss the nature of history itself: how it compares with the sciences and what it can teach us. Two essays commemorate the lives and work of Pirenne and Ganshof.
This 1999 book was the first full-length account of the county court, which in contemporary English life has become the main forum for most civil disputes. It began as the 'poor man's court', largely concerned with the pursuit of working-class debtors; but, as this book shows, it has expanded far beyond its origins as an agency `for the more easy recovery of small debts' and now includes in its jurisdiction a diverse range of matters, including housing, accidents and consumer goods. Drawing on a wide range of sources, the author traces the history of the county court from its creation in 1846 through to the reconstruction of the court system in 1971. He describes its organisation and officers, from judges to bailiffs, and discusses the roles of judges, practising lawyers and lay persons. The text is an intriguing engagement with themes including access to justice.