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Lawyers, Litigation & English Society Since 1450

Lawyers, Litigation & English Society Since 1450
Author: Christopher Brooks
Publisher: A&C Black
Total Pages: 289
Release: 1998-01-01
Genre: Law
ISBN: 1852851562

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Legal history has usually been written in terms of writs and legislation, and the development of legal doctrine. Christopher Brooks, in this series of essays roughly half of which are previously unpublished, approaches the law from two different angles: the uses made of courts and the fluctuations in the fortunes of the legal profession. Based on extensive original research, his work has helped to redefine the parameters of British legal history, away from procedural development and the refinement of legal doctrine and towards the real impact that the law had in society. He also places the law into a wider social and political context, showing how changes in the law often reflected, but at the same time influenced, changes in intellectual assumptions and political thought. Lawyers as a profession flourished in the second half of the sixteenth century and throughout the seventeenth century. This great age of lawyers was followed by a decline in the eighteenth and early nineteenth centuries, reflecting both a decline in litigation and the perception of the law as slow, artificially complicated and ruinously expensive. In Lawyers, Litigation and Society, 1450-1900, Christopher Brooks also looks at the sorts of cases brought before different courts, showing why particular courts were used and for what reasons, as well as showing why the popularity of individual courts changed over the years.


Lawyers, Litigation & English Society Since 1450

Lawyers, Litigation & English Society Since 1450
Author: Christopher Brooks
Publisher: Bloomsbury Publishing
Total Pages: 289
Release: 1998-07-01
Genre: History
ISBN: 1441144455

Download Lawyers, Litigation & English Society Since 1450 Book in PDF, ePub and Kindle

Legal history has usually been written in terms of writs and legislation, and the development of legal doctrine. Christopher Brooks, in this series of essays roughly half of which are previously unpublished, approaches the law from two different angles: the uses made of courts and the fluctuations in the fortunes of the legal profession. Based on extensive original research, his work has helped to redefine the parameters of British legal history, away from procedural development and the refinement of legal doctrine and towards the real impact that the law had in society. He also places the law into a wider social and political context, showing how changes in the law often reflected, but at the same time influenced, changes in intellectual assumptions and political thought. Lawyers as a profession flourished in the second half of the sixteenth century and throughout the seventeenth century. This great age of lawyers was followed by a decline in the eighteenth and early nineteenth centuries, reflecting both a decline in litigation and the perception of the law as slow, artificially complicated and ruinously expensive. In Lawyers, Litigation and Society, 1450-1900, Christopher Brooks also looks at the sorts of cases brought before different courts, showing why particular courts were used and for what reasons, as well as showing why the popularity of individual courts changed over the years.


Subversive Legal History

Subversive Legal History
Author: Russell Sandberg
Publisher: Routledge
Total Pages: 260
Release: 2021-07-29
Genre: Education
ISBN: 0429575491

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Provocative, audacious and challenging, this book rejuvenates not only the historical study of law but also the role of Law Schools by asking which stories we tell and which stories we forget. It argues that a historical approach to law should be at the beating heart of the Law School curriculum. Far from being archaic, elitist and dull, historical perspectives on law are and should be subversive. Comparison with the past underscores: how the law and legal institutions are not fixed but are constructed; that every line drawn in the law and everything the law holds as sacred is actually arbitrary; and how the environment into which law students are socialised is a historical construct. A subversive approach is needed to highlight, question, de-construct and re-construct the authored nature of the law, revealing that legal change on a larger scale is possible. Far from being archaic, this recasts legal history as being anarchic. Subversive Legal History is not a type of Legal History but is its defining characteristic if it is to be a central part of Law School life. It describes a legal method that should not be the preserve only of specialist legal historians but rather should be part of the toolkit of all law students, teachers and researchers. This book will be essential reading for all who work and study in Law Schools, proposing a radical new approach not only to the historical study of law but also to the content, purpose and ambition of legal education. A subversive approach can revolutionise Law Schools providing a more ambitious legal education which is grounded in the socio-legal reality, helping to ensure that today’s law students are better equipped to be the professionals and citizens of tomorrow.


Law, Lawyers and Litigants in Early Modern England

Law, Lawyers and Litigants in Early Modern England
Author: Joanne Begiato
Publisher: Cambridge University Press
Total Pages: 385
Release: 2019-06-27
Genre: History
ISBN: 1108491723

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Explores the impact of legal ideas and legal consciousness on early modern English society and culture.


Remaking English Society

Remaking English Society
Author: Alexandra Shepard
Publisher: Boydell & Brewer Ltd
Total Pages: 396
Release: 2015
Genre: Business & Economics
ISBN: 1783270179

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Written by leading authorities, the volume can be considered a standard work on seventeenth-century English social history. A tribute to the work of Keith Wrightson, Remaking English Society re-examines the relationship between enduring structures and social change in early modern England. Collectively, the essays in the volume reconstruct the fissures and connections that developed both within and between social groups during the sixteenth, seventeenth and eighteenth centuries. Focusing on the experience of rapid economic and demographic growth and on related processesof cultural diversification, the contributors address fundamental questions about the character of English society during a period of decisive change. Prefaced by a substantial introduction which traces the evolution of early modern social history over the last fifty years, these essays (each of them written by a leading authority) not only offer state-of-the-art assessments of the historiography but also represent the latest research on a variety of topics that have been at the heart of the development of 'the new social history' and its cultural turn: gender relations and sexuality; governance and litigation; class and deference; labouring relations, neighbourliness and reciprocity; and social status and consumption. STEVE HINDLE is W. M. Keck Foundation Director of Research at the Huntington Library, San Marino, California. ALEXANDRA SHEPARD is Reader in History, University of Glasgow. JOHN WALTER is Professor of History, University of Essex. Contributors: Helen Berry, Adam Fox, H. R. French, Malcolm Gaskill, Paul Griffiths, Steve Hindle, Craig Muldrew, Lindsay O'Neill, Alexandra Shepard, Tim Stretton, Naomi Tadmor, John Walter, Phil Withington, Andy Wood


Lawyers and Legal Culture in British North America

Lawyers and Legal Culture in British North America
Author: Philip Girard
Publisher: University of Toronto Press
Total Pages: 297
Release: 2011-01-01
Genre: Law
ISBN: 1442644109

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From award-winning biographer Philip Girard, Lawyers and Legal Culture in British North America is the first history of the legal profession in Canada to emphasize its cross-provincial similarities and its deep roots in the colonial period. Girard details how nineteenth-century British North American lawyers created a distinctive Canadian template for the profession by combining the strong collective governance of the English tradition with the high degree of creativity and client responsiveness characteristic of U.S. lawyers — a mix that forms the basis of the legal profession in Canada today. Girard provides a unique window on the interconnections between lawyers' roles as community leaders and as legal professionals. Centred on one pre-Confederation lawyer whose career epitomizes the trends of his day, Beamish Murdoch (1800-1876), Lawyers and Legal Culture in British North America makes an important and compelling contribution to Canadian legal history.


A Treatise of Legal Philosophy and General Jurisprudence

A Treatise of Legal Philosophy and General Jurisprudence
Author: Michael Lobban
Publisher: Springer
Total Pages: 524
Release: 2016-02-12
Genre: Law
ISBN: 940179880X

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The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. ​Volume 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century edited by Andrea Padovani and Peter Stein Volume 7 is the second of the historical volumes and acts as a complement to the previous Volume 6, discussing from the jurists’ perspective what that previous volume discusses from the philosophers’ perspective. The subjects of analysis are, first, the Roman jurists’ conception of law, second, the metaphysical and logical presuppositions of late medieval legal science, and, lastly, the connection between legal and political thought up to the 17th century. The discussion shows how legal science proceeds at every step of the way, from Rome to early modern times, as an enterprise that cannot be untangled from other forms of thought, thus giving rise to an interest in logic, medieval theology, philosophy, and politics—all areas where legal science has had an influence. Volume 8: A History of the Philosophy of Law in The Common Law World, 1600–1900 by Michael Lobban Volume 8, the third of the historical volumes, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the ‘common law mind’ as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke’s vision of the common law continued to exert a strong influence on American jurists, in England a more positivist approach took root, which found its fullest articulation in the work of Bentham and Austin. ​


Law and Government in England during the Long Eighteenth Century

Law and Government in England during the Long Eighteenth Century
Author: D. Lemmings
Publisher: Springer
Total Pages: 269
Release: 2011-10-28
Genre: Political Science
ISBN: 0230354408

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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.


Introduction to English Legal History

Introduction to English Legal History
Author: John Baker
Publisher: Oxford University Press
Total Pages: 736
Release: 2019-03-21
Genre: Law
ISBN: 0192540734

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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, and also of criminal and public law. 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.


Litigation

Litigation
Author: Wilfrid R. Prest
Publisher: UNSW Press
Total Pages: 228
Release: 2004
Genre: Actions and defenses
ISBN: 9780868405506

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Litigation does not have a good press - in fact, it is usually viewed very negatively. Rates of litigation in Western countries are claimed to be spiralling beyond control, and this is said to indicate a fundamental crisis in contemporary Western societies. "Litigation: Past and Present" sheds some much-needed light on these views, by examining actual patterns of litigation, both historical and contemporary, and considering the many ways in which courts provide strategies for social change and social justice. Topics surveyed include the long-range recording of litigation rates, the social uses of legal action, the effectiveness of procedural reforms in reducing litigation, and the impact of legal proceedings and activism on Indigenous rights, and on marriage and family issues. Litigation and its impact are too often discussed in excessively rhetorical and pragmatic terms. This volume, with contributions from internationally recognised scholars, adds much needed empirical research and theoretical perspectives to the discussion.