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English Legal Histories is an exciting and innovative approach to the study of English law. Written in an accessible style intended for students as well as a broader audience, it takes the reader beyond the narrower confines of legal doctrines and cases, and invites them to consider the myriad contexts within which English law has been shaped: the politics, the economics, the art, the poetry. Reaching from the Reformation through to the age of Reform, it tells stories, the 'histories', of English law. Histories of the constitution and government, of crime and contracts, tort and trespass, property and equity. Of the people who made that law, those who wrote it, and those who suffered it. For it is in the end a human story, of justice and injustice, of success and failure, good luck and bad. The law is full of statutes and instruments, cases and precedent, but its history is full of people and peculiarity. Which is what, of course, makes it so endlessly fascinating.
This volume honours the work and writings of Professor Sir John Baker over the past fifty years, presenting a collection of essays by leading scholars on topics relating to the sources of English legal history, the study of which Sir John has so much advanced. The essays range from the twelfth century to the nineteenth, considering courts (central and local), the professions (both common law and civilian), legal doctrine, learning, practice, and language, and the cataloguing of legal manuscripts. The sources addressed include court records, reports of litigation (in print and in manuscript), abridgements, fee books and accounts, conveyances and legal images. The volume advances understanding of the history of the common law and its sources, and by bringing together essays on a range of topics, approaches and periods, underlines the richness of material available for the study of the history of English law and indicates avenues for future research.
Previous edition published as : Sources of English legal history. London : Butterworth, 1986.
A brief history of the principal English institutions and doctrines. Topics examined include law and custom in early Britain, the origins of common law, the judiciary and various courts, trial by jury, laws affecting property, and laws concerning marriage and divorce, nuisance, tort and defamation.
Understanding our system of laws requires a knowledge of the past, in particular the roots of a legal tradition that took hold in medieval England. This landmark volume is an authoritative study of the inspirational and legal history of England, spanning the period of Richard III on Bosworth Field in 1485. In writing this book, Bryce Lyon has produced a work whose breadth of scholarship is unique among studies of the period. Each of its six sections includes chapters on local and central government and the law, as well as on such topics as feudalism, taxation, church-state relations, the Magna Carta, and parliament. With a modern's cognizance of the impact of bureaucracy in shaping government and law, Professor Lyon places special emphasis on the importance of administrative developments. He also demonstrates that many of medieval England's institutions and legal procedures are the forerunners of both modern English and American legal and governmental institutions, pointing out, for example, the close connection between medieval royal prerogative and modern presidential executive privilege, and the similarities between the procedures and privileges of the medieval parliament and the American Congress. The new edition incorporates the results of the last two decades of medieval scholarship and includes completely new bibliographies for each section, as well as a new discussion of the period 1399-1485, which takes into account the latest interpretations of Lancastrian and Yorkist history.
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.
Sources of English Legal History: Public Law to 1750 is the definitive source book on the foundations of English public law. An extensive collection of illustrative original materials, it is a companion book to Baker and Milsom Sources of English Legal History: Private Law to 1750, 2e (OUP, 2010).