A Sketch of English Legal History

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The Lawbook Exchange, Ltd., 1998 - 229 páginas
"The Best Available Introduction to English Legal History" In this work Professor Colby has gathered, annotated and arranged into a sequential history of English law numerous essays by Frederic William Maitland and Francis C. Montague. Each chapter includes a list of recommended readings. These articles supplied what long had been needed for general readers and for law students-a brief but comprehensive, accurate but untechnical account of the origin and growth of English law. ... this series of articles now forms the best available introduction to English legal history. James F. Colby, iii Widely considered the father of legal history, Frederic William Maitland [1850-1906] was an English jurist and historian best known for the standard The History of English Law Before the Time of Edward I, 2 vol. (1895), written with Sir Frederick Pollock. He was educated at Eton and Cambridge and studied at Lincoln's Inn, London. Maitland was called to the bar in 1876, then practiced until 1884 when he became a reader in English law (1884) and professor (1888) at Cambridge. He founded the Selden Society in 1887. Hailed for his original outlook on history, his works profoundly influenced legal scholarship. An extraordinarily productive career was shortened by his death from tuberculosis at age 45. Francis C. Montague [1858-1935] was a Professor of History at University College, London and Lecturer in Modern History, Oriel College, Oxford. He was also the author of The History of England from the Accession of James I. to the Restoration (1907) and The Elements of English Constitutional History from the Earliest Times to the Present Day (1910). James F. Colby [1850-1939] taught international law at Yale Law School from 1883 until 1885. He later taught history and political economics at Dartmouth College, and was Parker Professor of Law and Political Science at Dartmouth College from 1885-1916 and lectured in jurisprudence and international law at Boston University Law School from 1905-1922. CONTENTS CH. I Early English Law, 600 A.D.-1066 CH. II English Law Under Norman Rule and the Legal Reforms of Henry II., 1066-1216 CH. III Growth of Law from Henry II. to Edward I., 1154-1272 CH. IV Legal reform under Edward I. and the System of Writs, 1272-1307 CH. V Growth of Statute and Common Law and Rise of the Court of Chancery, 1307-1600 CH. VI Completion of the Common Law and Statutory Reforms after the Restoration, 1600-1688 CH. VII The Supremacy of Parliament and Rapid Growth of Statute Law, 1688-1800 CH. VIII Growth of Statute Law and Legal Reforms in the Nineteenth Century APPENDICES INDEX

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CHAPTER
1
CHAPTER II
26
CHAPTER III
77
CHAPTER IV
90
CHAPTER V
103
1
114
CHAPTER VI
131
The Development of Law Completion of the Common
146
CHAPTER VII
147
CHAPTER VIII
161
The Laws of King Æthelbert A D 600
193
Effects of the Norman Conquest on the His
200
Fundamental Principles of the Constitution
206
Origin and Develop
219
INDEX
227

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Página i - LL.D., Downing Professor of the Laws of England in the University of Cambridge.
Página 219 - From this method of interpreting laws by the reason of them, arises what we call equity, which is thus defined by Grotius : "the correction of that wherein the law (by reason of its universality) is deficient.
Página 206 - A freeman shall not be amerced for a small offence, but only according to the degree of the offence; and for a great crime according to the heinousness of it, saving to him his contenement;' and after the same manner a merchant, saving to him his merchandise.
Página 209 - As to general customs, or the common law, properly so called ; this is that law by which proceedings and determinations in the king's ordinary courts of justice are guided and directed. This, for the most part, settles the course in which lands descend by inheritance ; the manner and form of acquiring and transferring property ; the solemnities and...
Página 8 - I, then, Alfred, King, gathered these together, and commanded many of those to be written which our forefathers held, those which to me seemed good; and many of those which seemed to me not good I rejected them, by the counsel of my 'witan...
Página 177 - The hungry judges soon the sentence sign, And wretches hang that jury-men may dine; The merchant from th' Exchange returns in peace, And the long labours of the toilet cease.
Página 210 - ... and the like. But I take these to be one and the same thing. For the authority of these maxims rests entirely upon general reception and usage ; and the only method of proving, that this or that maxim is a rule of the common law, is by shewing that it hath been always the custom to observe it.
Página 13 - So far as we know, he never made a law. Had he made laws, had he even made good use of those that were already made, there might have been no Norman Conquest of England. But then had there been no Norman Conquest of England, Edward would never have gained his fictitious glories. As it was, men looked back to him as the last of the English kings of the English...
Página 111 - They were rigorous logicians, afraid of no conclusion that was implicit in their premises. The sky might fall, the Wars of the Roses might rage, but they would pursue the even course of their argumentation. They were not altogether unmindful of the social changes that were going on around them. In the fifteenth century there were great judges who performed what may seem to us some daring feats in the accommodation of old law to new times. Out of unpromising elements they developed a comprehensive...

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