The Development of Anglo-American Legal Institutions
Author: John H. Langbein,Renée Lettow Lerner,Bruce P. Smith
Publisher: Aspen Publishers
This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States. History of the Common Law offers: dynamic teaching materials that include primary sources, scholarship, summaries, notes, and questions judiciously selected and edited sources over 250 illustrations--many in full color "Living Law "units that connect legal-historical developments to modern law an illustrated timeline that highlights key dates a comprehensive Teacher's Manual, with suggestions for using the book in a two- or three-credit course Vivid writing, engaging source materials, and lavish illustrations breathe life into nearly 1,000 years of Anglo-American legal history. Concise summaries, manageable extracts, clear organization, and a detailed Teacher's Manual consistently support your teaching. *Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected]
Author: John H. Langbein
Publisher: Oxford University Press on Demand
The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, developed in England in the eighteenth century. Using hitherto unexplored sources from London's Old Bailey Court, Professor Langbein shows how and why lawyers were able to capture the trial, and he supplies a path-breaking account of the formation of the law of criminal evidence.
A Brief History of the Common Law
Author: Harry Potter
Publisher: Boydell & Brewer Ltd
A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
Author: Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey
Publisher: Oxford University Press
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism until have recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on " of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical " such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Volume 1: From the Colonial Years Through the Civil War
Author: G. Edward White
Publisher: Oxford University Press
G. Edward White, a leading legal historian, presents Law in American History, a two-volume, comprehensive narrative history of American law from the colonial period to the present. In this first volume, White explores the key turning points in roughly the first half of the American legal system, from the development of order in the colonies, to the signing of the Constitution, to the dissolution of the Union just before the Civil War. Thought-provoking and artfully written, Law in American History, Vol. 1 is an essential text for both students of law and general readers alike.
Author: Bernard Schwartz
Publisher: Oxford University Press
A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.
Author: David Kershaw
Publisher: Cambridge University Press
This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
Plucknett, Theodore F.T. A Concise History of the Common Law. Fifth Edition. Boston: Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067821. ISBN 1-58477-137-2. Cloth. $125. * "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate...Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law...In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." Percy H. Winfield. Harv. L. Rev. 43:339-340.
What Economics Has to Do with Law and Why It Matters
Author: David D. Friedman
Publisher: Princeton University Press
What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting. Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well. This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.
Author: John M. Scheb
Publisher: Cengage Learning
Category: Business & Economics
"An Introduction to the American Legal System" is ideal for undergraduate students in legal studies, political science, criminal justice, pre-law, and sociology programs, paralegal programs, as well as for anyone with an interest in the historical and contemporary approaches to law in America.
Author: Frederick G. Kempin
Publisher: West Academic Publishing
Background of Common Law; What Legal History is About; The Courts; Jury, and Other Means of Finding Facts: Bench and Bar; Sources of Law; Custom and Cases; Legislation and Codification; Doctrinal Writings; Common Law in Action; Real Property; Torts; Contracts; Common Law Codified; Law and Commerce -- Action and Reaction; Negotiable Instruments; Business Organizations.
Author: Michael Grossberg,Christopher Tomlins
Publisher: Cambridge University Press
This volume covers American law from the earliest settlement and colonization of North America.
Author: Daniel R. Coquillette
Publisher: Carolina Academic Press
This fascinating book about our legal heritage is copiously illustrated, original materials. From our cultural roots in the Roman law, Anglo-Saxon dooms, and English feudalism, to modern crises of social revolution and reform, this work shows how legal culture is part of what has been called the "seamless web" of history. Most introductory books rely heavily, if not exclusively, on secondary sources. This book, however, provides carefully edited and chosen primary sources and culminates with provocative excerpts of the most recent twentieth-century historical criticism. Also included are many useful charts and diagrams, and an extensive bibliography for each chapter suggests and encourages further study. Today we face dynamic challenges to our system of justice and to our legal profession. The experience of the centuries, however, is available to us, as it was to the founders of our legal order in ages past.
Author: Martin Brett,David A. Woodman
Scholars have long been interested in the extent to which the Anglo-Saxon past can be understood using material written, and produced, in the twelfth century; and simultaneously in the continued importance (or otherwise) of the Anglo-Saxon past in the generations following the Norman Conquest of England. In order to better understand these issues, this volume provides a series of essays that moves scholarship forward in two significant ways. Firstly, it scrutinises how the Anglo-Saxon past continued to be reused and recycled throughout the longue durée of the twelfth century, as opposed to the early decades that are usually covered. Secondly, by bringing together scholars who are experts in various different scholarly disciplines, the volume deals with a much broader range of historical, linguistic, legal, artistic, palaeographical and cultic evidence than has hitherto been the case. Divided into four main parts: The Anglo-Saxon Saints; Anglo-Saxon England in the Narrative of Britain; Anglo-Saxon Law and Charter; and Art-history and the French Vernacular, it scrutinises the majority of different genres of source material that are vital in any study of early medieval British history. In so doing the resultant volume will become a standard reference point for students and scholars alike interested in the ways in which the Anglo-Saxon past continued to be of importance and interest throughout the twelfth century.
Author: Alice Hart Hughes,Thomas F. Goldman,Charles P. Nemeth
Publisher: Pearson Higher Ed
This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. A hands-on approach to real estate law. Real Estate Law Fundamentals, 1e, covers the processes, procedures, and legal concepts involved in real estate transactions using a practical, hands-on approach. Students are actively engaged in the material through video scenarios, sample forms, case studies, and practice exercises, and legal concepts are presented with practical examples to make them easier to grasp. Written as both a teaching text and as a professional reference manual, the text offers a well rounded approach that demystifies the often confusing world of real estate transactions.