Essays In Law And History

Author : Michael Stolleis
Publisher : CRC Press
ISBN 13 : 1134028105
Total Pages : 94 pages
Book Rating : 4.08/5 ( download)

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Download or read book The Eye of the Law written by Michael Stolleis and published by CRC Press. This book was released on 2008-09-25 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by the eminent German legal historian, Michael Stolleis, these two ‘Essays on Legal History’ offer an original and compelling history of the symbolism through which law is characterised as being 'above' us. In ‘The Eye of the Law’, the history of this metaphor is followed from antiquity through to the present day: from the Greek Eye of Justice, the eye of the impartial judge of the Underworld, the Eye of God watching past, present and future, the Eye of the Prince, guiding his subjects, to the almighty Eye of the Law. While our belief in the law may have become brittle, nothing escapes what is now the Eye of Big Brother. ‘In the Name of the Law’ takes up the various formulas used to legitimate the decisions of the courts, from the times of absolutism over the 19th century until today. The speaker who speaks in the name of a higher being underlines his function: his authority comes from above. And it is ‘in the name of’ god, king, people, state, nation, or law, that a weak, earthly, justice receives its support.

Author : Sir William Searle Holdsworth
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1886363137
Total Pages : 334 pages
Book Rating : 4.37/5 ( download)

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Download or read book Essays in Law and History written by Sir William Searle Holdsworth and published by The Lawbook Exchange, Ltd.. This book was released on 1995 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: xv, 302 pp. Originally published: Oxford: At the Clarendon Press, 1946. Compiled and edited by A.L. Goodhart and H.G. Hanbury, editors of the last four volumes of Holdsworth's History of English Law, this volume presents a selection of seventeen essays by the great legal scholar. Highlights from his long and prolific career, they address such topics as martial law, the English constitution, case law, equity, trusts, libel, law reporting, contracts and land law. "These essays tend to enlarge the mind and to stir the imagination. They are the work of one of the most distinguished of the great line of English legal historians." --Bernard L. Shientag, Columbia Law Review 47 (1947) 1255 WILLIAM S. HOLDSWORTH [1871-1944] was a professor of constitutional law at Cambridge from 1903-1908 and the Vinerian Professor of English Law at Oxford from 1922-1944. He is well-known for his monumental History of English Law (1st ed. 1908) and other works, such as Charles Dickens as a Legal Historian (1929) and Some Makers of English Law (1938). ARTHUR LEHMAN GOODHARD [1891-1978] was an American-born British academic jurist and lawyer. He was editor of the Cambridge Law Journal from 1921 to 1925, editor the Law Quarterly Review in 1926, a professor of jurisprudence at Oxford University from 1931-1951 and the first American to be the master of an Oxford College. HAROLD GREVILLE HANBURY [1898-1993] was a Fellow at Lincoln College, Oxford, from 1921-1949 and All Souls College, Oxford, from 1949-1964. His works include Modern Equity: Being the Principles of Equity (1935), The Principles of Agency (1952) and The Vinerian Chair and Legal Education (1958).

Author : Robert W. Gordon
Publisher : Cambridge University Press
ISBN 13 : 1107193230
Total Pages : 439 pages
Book Rating : 4.39/5 ( download)

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Download or read book Taming the Past written by Robert W. Gordon and published by Cambridge University Press. This book was released on 2017-06-09 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.

Author : Morton J. HORWITZ
Publisher : Harvard University Press
ISBN 13 : 0674038789
Total Pages : 378 pages
Book Rating : 4.83/5 ( download)

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Download or read book The Transformation of American Law, 1780-1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

Author : Tracy A. Thomas
Publisher :
ISBN 13 : 9780814784266
Total Pages : 287 pages
Book Rating : 4.67/5 ( download)

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Download or read book Feminist Legal History written by Tracy A. Thomas and published by . This book was released on 2011-04-04 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women's interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women's legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment. Feminist Legal History represents feminist legal historians' efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton's notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case. Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti Volpp

Author : John Henry Wigmore
Publisher : Franklin Classics Trade Press
ISBN 13 : 9780344326912
Total Pages : 814 pages
Book Rating : 4.18/5 ( download)

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Download or read book Select Essays in Anglo-American Legal History; written by John Henry Wigmore and published by Franklin Classics Trade Press. This book was released on 2018-10-27 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Maksymilian Del Mar
Publisher : Bloomsbury Publishing
ISBN 13 : 1509903879
Total Pages : 560 pages
Book Rating : 4.70/5 ( download)

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Download or read book Law in Theory and History written by Maksymilian Del Mar and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas.

Author : Sir John William Salmond
Publisher :
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.81/5 ( download)

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Download or read book Essays in Jurisprudence and Legal History written by Sir John William Salmond and published by . This book was released on 1891 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Edward Potts Cheyney
Publisher :
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.84/5 ( download)

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Download or read book Law in History and Other Essays written by Edward Potts Cheyney and published by . This book was released on 1927 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : James Barr Ames
Publisher :
ISBN 13 :
Total Pages : 652 pages
Book Rating : 4.05/5 ( download)

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Download or read book Lectures on Legal History and Miscellaneous Legal Essays written by James Barr Ames and published by . This book was released on 1913 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: