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Continuity and Anachronism
Several ofthe themes of this study have been treated in earlier publica tions, some by means of a general analysis and some through a detailed handling of problems raised by a particular theme or historian. Both the more general theoretical treatment of the theme and the concrete historiographical treatment are, I think, indispensable aids to the proper understanding of the development of historical scholarship in nineteenth-and twentieth-century England. There are a number of problems in a concrete historiographical approach: there is first the mass of historians to be faced, and then the immense amount of historical themes dealt with in various periods. As a guideline through the tangle of...
Maitland: State, Trust and Corporation
The essays collected in State, Trust and Corporation contain the reflections of England's greatest legal historian on the legal, historical and philosophical origins of the idea of the state. All written in the first years of the twentieth century, Maitland's essays are classics both of historical writing and of political theory. They contain a series of profound insights into the way the character of the state has been shaped by the non-political associations that exist alongside it, and their themes are of continuing relevance today. This is the first new edition of these essays for sixty years, and the first of any kind to contain full translations, glossary and expository introduction. It has been designed to make Maitland's writings fully accessible to the non-specialist, and to make available to anyone interested in the idea of the state some of the most important modern writings in English on that subject.
Speaking in Court
This book maps the changes in court advocacy in England and Wales over the last three centuries. Advocacy, the means by which a barrister puts their client’s case to the court and jury, has grown piecemeal and at an uneven pace; the result of a complex interplay of many influences. Andrew Watson examines the numerous principal factors, from the effect on juniors of successful styles deployed by senior advocates, changes in court procedure, reforms in laws determining who and what may be put before courts, the amount of media reporting of court cases, and public and press opinion about the acceptable limits of advocates’ tactics and oratory. This book also explores the extent to which jur...
Little Giant
At age six, Carl Albert knew he wanted to serve in the United States Congress. In 1947 he realized his dream when he was elected to serve in the House of Representatives alongside John Kennedy, Lyndon Johnson, and Richard Nixon. In Little Giant, Albert relates the story of his life in Oklahoma and his road to Congress, where after eight years of service he joined its leadership and shaped the legislation known as Kennedy's New Frontier and Johnson's Great Society. In 1971 he began his own Speakership; six years later, when it ended, Congress had been reshaped and had weathered the constitutional crisis of Richard Nixon's "Imperial Presidency."
Trial by Jury
While the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution. Trial by Jury begins with a rigorous examination of English civil jury practices in the late eighteenth century, including how judges determined one's right to trial by jury and who composed the jury. Oldham then considers the extensive historical use of a variety of “special juries,” such as juries of merchants for commercial cases and juries of women for claims of pregnancy. Special juries were used for centuries in both English and American law, although they are now considered antithetical to the idea that American juries should be drawn from jury pools that reflect reasonable cross-sections of their communities. An introductory overview addresses the relevance of Anglo-American legal tradition and history in understanding America's modern jury system.
Understanding the Law of Obligations
NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date....
Lost in Music
This collection of essays, first published in 1987, provides a sociological treatment of many musical forms – rock, jazz, classical – with special emphasis on the perspective of the practising musician. Among the topics covered are the legal structures governing musical production and the question of copyright; recording and production technology; the social character of musical style; and the impact of lyrical content, considered socially and historically.
English Common Law in the Age of Mansfield
In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.
The 17th and 18th Centuries
Each volume of the Dictionary of World Biography contains 250 entries on the lives of the individuals who shaped their times and left their mark on world history. This is not a who's who. Instead, each entry provides an in-depth essay on the life and career of the individual concerned. Essays commence with a quick reference section that provides basic facts on the individual's life and achievements. The extended biography places the life and works of the individual within an historical context, and the summary at the end of each essay provides a synopsis of the individual's place in history. All entries conclude with a fully annotated bibliography.
