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To what extent did English law facilitate trade before the advent of general incorporation and modern securities law? This is the question at the heart of Capitalism before Corporations. It examines the extent to which legal institutions of the Regency period, especially Lord Eldon's Chancellorship, were sympathetic to the needs of merchants and willing to accommodate their changing practices and demands within established legal doctrinal frameworks and contemporary political economic thought. In so doing, this book probes at the heart of modern debates about equity, trusts, insolvency, and the justifiability of corporate privileges. Corporations are an integral part of modern life. We bank ...
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
This series presents original work in legal history from all periods. Contributions to the series analyse diverse legal traditions, including common law; ius commune, civilian and canon law; colonial, imperial, and international law; and customary, religious, and non-Western cultures of law. The series embraces methods ranging from doctrinal and juristic analysis through to every variety of historical, social scientific, and philosophical enquiry. A leading purpose of the series is to investigate how legal ideas and practices operated in larger historical contexts. Our authors trace changes in legal thought and practice and the interactions of law with political and constitutional institutions and wider movements in social, economic, cultural, and intellectual life. Book jacket.
Jeutner argues that the reasonable person is, at heart, an empathetic perspective-taking device, by tracing the standard of the reasonable person across time, legal fields and countries. Beginning with a review of imaginary legal figures in the legal systems of ancient Egypt, Greece, and Rome, the book explains why the common law's reasonable person emerged amidst the British industrialisation under the influence of Scottish Enlightenment thinking. Following the figure into colonial courts, onto battlefields and into self-driving cars, the book contends that the reasonable person invites judges, jury-members, and lawyers to take another person's perspective when assessing their own or another person's conduct. The perspective of another is taken by means of empathy, by feeling what others might feel in a particular situation. Thus construed, the figure of the reasonable person can help us make more accurate judgments in a diverse world.
Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thou...
Roman merchants, artisans, and service providers faced substantial prejudice. Contemporary authors labeled them greedy, while the Roman on the street accused merchants of lying and cheating. Legally and socially, merchants were kept at arm’s length from respectable society. Yet merchants were common figures in daily life, populating densely packed cities and traveling around the Mediterranean. The Reputation of the Roman Merchant focuses on the strategies retailers, craftsmen, and many other workers used to succeed, examining how they developed good reputations despite the stigma associated with their work. In a novel approach, blending social and economic history, The Reputation of the Ro...
This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
In the first book-length study of the whole lifespan in Old English verse, Harriet Soper reveals how poets depicted varied paths through life, including their staging of entanglements between human life courses and those of the nonhuman or more-than-human. While Old English poetry sometimes suggests that uniform patterns shape each life, paralleling patristic traditions of the ages of man, it also frequently disrupts a sense of steady linearity through the life course in striking ways, foregrounding moments of sudden upheaval over smooth continuity, contingency over predictability, and idiosyncrasy over regularity. Advancing new readings of a diverse range of Old English poems, Soper draws on an array of supporting contexts and theories to illuminate these texts, unearthing their complex and fascinating depictions of ageing through life. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
Often overlooked by histories of the world's famous code systems, mid-nineteenth century America settled on a code of practice that elevated lawyers as the dominant force of the country's legal institutions. Law's Machinery draws on innovative methods in digital legal history and offers a sweeping intellectual, cultural, and political account of the modernization of American legal practice.
Arbitrating Empire uncovers how ordinary people used arbitral claims commissions to challenge state violence across the United States Empire during the first decades of the twentieth century and why the State Department attempts to erase their efforts remade modern international law.