The Development of Anglo-American Legal Institutions

Author: John H. Langbein,Renée Lettow Lerner,Bruce P. Smith

Publisher: Aspen Publishers

ISBN: N.A

Category: Law

Page: 1141

View: 6889

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]
Read More

England, Germany, France

Author: John H. Langbein

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775777

Category: History

Page: 321

View: 2224

Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut fur Europaische Rechtsgeschichte and the Max-Planck-Institut fur Auslandisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991)."
Read More

Author: R. C. Caenegem

Publisher: Cambridge University Press

ISBN: 9780521356824

Category: Law

Page: 160

View: 4679

First published in 1973, The Birth of the English Common Law has come to enjoy classic status. In a new preface, Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings. The book provides a challenging interpretation of the emergence of the Common Law in Anglo-Norman England, against the background of the general development of legal institutions in Europe.
Read More

Author: Justin Zaremby

Publisher: Bloomsbury Publishing USA

ISBN: 1441191011

Category: Political Science

Page: 192

View: 1190

In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.
Read More

Author: Yuval Noah Harari

Publisher: DVA

ISBN: 364110498X

Category: History

Page: 528

View: 1194

Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.
Read More

Author: Michael H. Hoeflich

Publisher: University of Georgia Press

ISBN: 9780820318394

Category: Law

Page: 207

View: 7455

Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.
Read More

Anglo-American Law and Canon Law: Canonical Roots of the Common Law Tradition

Author: Javier Martínez-Torrón

Publisher: Duncker & Humblot

ISBN: 9783428494149

Category: Law

Page: 208

View: 3819

Hauptbeschreibung In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also ""ius commune, ius utrumque""). The ""insularity"" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common.
Read More

Author: Frank Isaac Schechter

Publisher: The Lawbook Exchange, Ltd.

ISBN: 158477035X

Category: Law

Page: 211

View: 5468

Schechter, Frank I. The Historical Foundations of the Law Relating to Trade-Marks. New York: Columbia University Press, 1925. xxviii, 211 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-41673. ISBN-13: 978-1-58477-035-0. ISBN-10: 1-58477-035-X. Cloth. New. $65.* What is the exact nature of the nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. Includes table of cases and statutes, bibliography. Considered to be "...invaluable for starting scholarly research." Marke, A Catalogue of the Law Collection of New York University (1953) 869.
Read More

An Annotated Bibliography

Author: Raymond Irwin

Publisher: Greenwood Publishing Group

ISBN: 9780313314322

Category: History

Page: 324

View: 4950

Professors and students alike will appreciate this comprehensive collection of resources regarding American History and Culture between 1961-1970.
Read More

Author: Glenn Morgan,John Campbell,Colin Crouch,Ove Kaj Pedersen,Richard Whitley

Publisher: OUP Oxford

ISBN: 0191613630

Category: Business & Economics

Page: 728

View: 9610

It is increasingly accepted that 'institutions matter' for economic organization and outcomes. The last decade has seen significant expansion in research examining how institutional contexts affect the nature and behaviour of firms, the operation of markets, and economic outcomes. Yet 'institutions' conceal a multitude of issues and perspectives. Much of this research has been comparative, and followed different models such as 'varieties of capitalism', 'national business systems', and 'social systems of production'. This Handbook explores these issues, perspectives, and models, with the leading scholars in the area contributing chapters to provide a central reference point for academics, scholars, and students.
Read More

Civilian Writers of Doctors' Commons, London: Three Centuries of Juristic Innovation in Comparative, Commercial and International Law

Author: Daniel R. Coquillette

Publisher: Duncker & Humblot

ISBN: 9783428461776

Category: Law

Page: 306

View: 2716

The Civilian Writers of Doctors' Commons, London : Three Centuries of Juristic Innovation in Comparative, Commercial and International Law.
Read More

A Study of the Development, Substance, and Arrangement of the System of Property in Modern Anglo-American Law

Author: Charles Reinold Noyes

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584777370

Category: Business & Economics

Page: 645

View: 9704

Reprint of the sole edition. "This is an important, erudite, and difficult book. The author, who is of the school of institutional economists, has undertaken to analyze 'the structure only of that particular social organization and institution which is called property', not merely in its legal aspects but also with respect to the underlying economic facts of the institution today. (...) Those who will make the effort requisite to an understanding of this book will be well repaid.": Sidney Post Simpson, Harvard Law Review 49 (1935-36) 1211-16.
Read More

Author: Sir William Searle Holdsworth

Publisher: The Lawbook Exchange, Ltd.

ISBN: 0963010697

Category: Law

Page: 175

View: 6820

Holdsworth, W.S. The Historians of Anglo-American Law. New York: Columbia University Press, 1928. 175 pp. Reprinted 1994 by The Lawbook Exchange, Ltd. ISBN 0-9630106-9-7. Cloth. $50. * In chronological order, beginning with Coke and Selden, Holdsworth surveys the work of the great practitioners of Anglo-American legal history. No one interested in the growth of Anglo-American law can fail to read with pleasure and profit this stimulating treatment of the development of legal history.
Read More

Author: Dennis C. Mueller

Publisher: Oxford University Press

ISBN: 0199942595

Category: Political Science

Page: 576

View: 8025

The financial crisis that began in 2008 and its lingering aftermath have caused many intellectuals and politicians to question the virtues of capitalist systems. The 19 original essays in this Handbook, written by leading scholars from Asia, North America, and Europe, analyze both the strengths and weaknesses of capitalist systems. The volume opens with essays on the historical and legal origins of capitalism. These are followed by chapters describing the nature, institutions, and advantages of capitalism: entrepreneurship, innovation, property rights, contracts, capital markets, and the modern corporation. The next set of chapters discusses the problems that can arise in capitalist systems including monopoly, principal agent problems, financial bubbles, excessive managerial compensation, and empire building through wealth-destroying mergers. Two subsequent essays examine in detail the properties of the "Asian model" of capitalism as exemplified by Japan and South Korea, and capitalist systems where ownership and control are largely separated as in the United States and United Kingdom. The handbook concludes with an essay on capitalism in the 21st century by Nobel Prize winner Edmund Phelps.
Read More

Quebec and the Canadas

Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 5342

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
Read More