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Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century: Volume II
James Oldham reviews developments in English common law during the 18th century, particularly the influence of Lord Chief Justice Mansfield, whose reforming work laid the foundations of modern English and American civil law.
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.
Over the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people.
She argues that the historical realignment of the categories of class, kinship, and representation that took place with the shift from patriarchal to egalitarian models of familial order marked a transformative moment in the cultural construction of incest.
The book demonstrates how the 'common law mind' was able to meet the various challenges posed by Enlightenment rationalism and civic and commercial discourse, revealing that the common law played a much wider role beyond the legal world in shaping Enlightenment concepts.
In the first modern biography of Lord Mansfield (1705-1793), Norman Poser details the turbulent political life of eighteenth-century Britain's most powerful judge, serving as chief justice for an unprecedented thirty-two years. His legal decisions launched England on the path to abolishing slavery and the slave trade, modernized commercial law in ways that helped establish Britain as the world's leading industrial and trading nation, and his vigorous opposition to the American colonists stoked Revolutionary fires. Although his father and brother were Jacobite rebels loyal to the deposed King James II, Mansfield was able to rise through English society to become a member of its ruling aristocracy and a confidential advisor to two kings. Poser sets Mansfield's rulings in historical context while delving into Mansfield's circle, which included poets (Alexander Pope described him as "his country's pride"), artists, actors, clergymen, noblemen and women, and politicians. Still celebrated for his application of common sense and moral values to the formal and complicated English common law system, Mansfield brought a practical and humanistic approach to the law. His decisions continue to influence the legal systems of Canada, Britain, and the United States to an extent unmatched by any judge of the past. An illuminating account of one of the greatest legal minds, Lord Mansfield presents a vibrant look at Britain's Age of Reason through one of its central figures.
Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.
A supporter of the American rebellion and advocate of radical ideas on religion, philosophy, education, law, medicine, and politics, John Jebb (1736-1786) provides an ideal case to examine the nature of radicalism in 18th-century Britain. Jebb began his career as a clergyman and academic at Cambridge in the 1760s and died as a doctor and leading figure among political reformers in Enlightenment London. Profoundly influenced by David Hartley's attempt to combine a Christian theology of universal salvation with a materialist and determinist account of the mind, Jebb's philosophical and religious radicalism inspired him to work tirelessly for reform. This is the first modern extended study of his life. While at Cambridge, Jebb provoked strong conservative opposition to his religious views and proposals for academic reform. Increasingly marginalized in church and university, as a tide of loyalism swept the country in response to rebellion in America, Jebb resigned as a clergyman and moved to London to work as a doctor. As the American war dragged on with no end in sight, a popular movement urging political reform developed. Jebb became a leader of this movement and was instrumental in establishing a platform that called for universal suffrage and annual elections. British radicals would continue to campaign for this platform until the mid-19th century.