Research Catalog

Law and legal process : substantive law and procedure in English legal history / edited by Matthew Dyson and David Ibbetson.

Title
Law and legal process : substantive law and procedure in English legal history / edited by Matthew Dyson and David Ibbetson.
Author
British Legal History Conference (20th : 2011 : Cambridge, England)
Publication
  • New York : Cambridge University Press, 2013.
  • ©2013

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TextRequest in advance KD460.A75 B75 2011Off-site

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Details

Additional Authors
  • Dyson, Matthew, 1982-
  • Ibbetson, D. J. (David J.)
Description
xiii, 358 pages; 24 cm
Summary
  • "This collection of papers from the Twentieth British Legal History Conference explores the relationship between substantive law and the way in which it actually worked. Instead of looking at what the courts said they were doing, it is concerned more with the reality of what was happening. To that end, the authors use a wide range of sources, from court records to merchants' diaries and lawyers' letters. The way in which the sources are used reflects the possibilities of legal historical research which are opening up in the twenty-first century, as large databases and digitised images - and even online auction sites - make it a practical possibility to do work at a level which was almost unthinkable only a short time ago"--
  • "The core theme of the conference was Law and Legal Process, broadly interpreted to include all aspects of the interactions between legal practice and legal doctrine. The present volume is a selection of the papers delivered on that theme, reflecting the many ways in which these interactions have occurred in the history of the common law. They range between the study of a single case (Holmes) to the wide-ranging consideration of the nature of law at the interface of substance and process (Donahue)"--
Subject
  • Practice of law > Great Britain > Congresses
  • Practice of law > Great Britain > History
  • Procedure (Law) > Great Britain > Congresses
  • Procedure (Law) > Great Britain > History
  • LAW / Legal History
  • Practice of law
  • Procedure (Law)
  • Great Britain
Genre/Form
  • Conference papers and proceedings
  • History
Bibliography (note)
  • Includes bibliographical references and index.
Processing Action (note)
  • committed to retain
Contents
1. 'The hypostasis of prophecy': legal realism and legal history / Charles Donahue, Jr -- 2. Chancery, the justices and the making of new writs in thirteenth-century England / Paul Brand -- 3. Copulative complexities: the exception of adultery in medieval dower actions / Gwen Seabourne -- 4. Arbitration and the legal profession in late medieval England / Anthony Musson -- 5. Privileges and their application in the main English central courts in the fourteenth and fifteenth centuries / Susanne Jenks -- 6. Trusts litigation in chancery after the Statute of Uses: the first fifty years / Neil Jones -- 7. The assessment of contractual damages at common law in the late sixteenth century / David Ibbetson -- 8. The case of Joan Peterson: witchcraft, family conflict, legal invention and constitutional theory / Clive Holmes -- 9. Criminal informations of the Attorneys-General in the King's Bench from Egerton to North / Henry Mares -- 10. Lawyers, merchants, and the law of contract in the long eighteenth century / Warren Swain -- 11. Creditors and the feme covert / James Oldham -- 12. Legal process as reported in correspondence / John Baker -- 13. Legal development in Victorian criminal trials / Phil Handler -- 14. 'Cutting the Gordian Knot?': arbitration and company insolvency in the 1870s / Michael Lobban -- 15. 'Forty years on': the British Legal History Conference, 1972-2011 / Patrick Polden.
ISBN
  • 9781107040588 (hardback)
  • 1107040582 (hardback)
LCCN
^^2013019483
OCLC
  • 843124279
  • SCSB-10127882
Owning Institutions
Harvard Library