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The English and Colonial Bars in the Nineteenth Century
  • Language: en
  • Pages: 234

The English and Colonial Bars in the Nineteenth Century

The English and Colonial Bars in the Nineteenth Century (1983) explores the impact of a changing society on the legal profession. Of central concern is the practising bar of England and Wales and its evolution from a small, highly centralised profession to a mass body that had lost much of its corporate unity. This study also examines the role of the inns of court as forging members of the governing elite and looks at the participation of barristers in the world of business, as well as considering the structure of the colonial legal profession.

Crime, Courtrooms and the Public Sphere in Britain, 1700-1850
  • Language: en
  • Pages: 248

Crime, Courtrooms and the Public Sphere in Britain, 1700-1850

  • Type: Book
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  • Published: 2016-05-13
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  • Publisher: Routledge

Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. This collection of essays considers this transition from early scenes of popular par...

The Life of Thomas E. Scrutton
  • Language: en
  • Pages: 373

The Life of Thomas E. Scrutton

  • Categories: Law

Karl Llewellyn described Thomas Scrutton as 'the greatest English-speaking commercial judge of a century'. Scrutton played a key role in a number of politically sensitive court cases from the Great War to the 1930s. This biography draws on unpublished sources to evaluate his contribution as counsel, campaigner and judge in a number of areas: the development of a modern law of copyright; the checking of executive power in and after the Great War; and his attempt to develop English commercial law on a basis which reflected the practices and expectations of the commercial community. In addition to providing valuable insights into the nature of legal practice and advancement in the Victorian and Edwardian eras, the book examines Llewellyn's claim that Scrutton adopted a 'realist' approach to the development of commercial law, and uses the body of Scrutton's judgments to explore the limits of a 'realist' approach to jurisprudence.

Law and Society Series
  • Language: en
  • Pages: 321

Law and Society Series

  • Categories: Law
  • Type: Book
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  • Published: 2014-01-01
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  • Publisher: UBC Press

Using the judiciary of Manitoba as a model, Paths to the Bench examines the political nature of Canada's judicial appointment process and suggests that ability alone seldom determined who went to the bench. In fact, many of Manitoba's early judges spent little time actually practising law, since professional merit was not a criterion for judicial appointments. Rather, it was relationships with influential mentors and communities that ensured appointments and ultimately propelled careers. Brawn offers an in-depth analysis of how the paths to the bench of competent and connected and less competent and connected lawyers differed. This book is one of the few studies to examine why many of the best and brightest members of the bar either did not want to go to the bench, or if they did, why they did not get there.

The Anglican Episcopate 1689-1801
  • Language: en
  • Pages: 392

The Anglican Episcopate 1689-1801

The eighteenth-century bishops of the Church of England and its sister communions had immense status and authority in both secular society and the Church. They fully merit fresh examination in the light of recent scholarship, and in this volume leading experts offer a comprehensive survey and assessment of all things episcopal between the 'Glorious Revolution' of 1688 and the early nineteenth-century. These were centuries when the Anglican Church enjoyed exclusive establishment privileges across the British Isles (apart from Scotland). The essays collected here consider the appointment and promotion of bishops, as well as their duties towards the monarch and in Parliament. All were expected to display administrative skills, some were scholarly, others were interested in the fine arts, most had wives and families. All of these themes are discussed, and Wales, Ireland, Scotland and the American colonies receive specific examination.

In Search of Criminal Responsibility
  • Language: en
  • Pages: 257

In Search of Criminal Responsibility

  • Categories: Law

What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century...

Statutes in Court
  • Language: en
  • Pages: 368

Statutes in Court

  • Categories: Law

A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.

Enlightenment Tory in Victorian Scotland
  • Language: en
  • Pages: 241

Enlightenment Tory in Victorian Scotland

An Enlightenment Tory in Victorian Scotland is a political and intellectual biography of Sir Archibald Alison (1792-1867), historian, social critic, criminal lawyer, and sheriff of Lanarkshire. The first author to examine the full range of Alison's writings and activities, Michael Michie reveals a significant link between the Scottish Enlightenment and Victorian conservatism. Michie argues that Alison's conservative ideas were deeply influenced by the social and political thought of the Scottish Enlightenment. He contends that Alison was the embodiment of the High Tory appropriation of the legacy of Adam Smith particularly evident in the belief that commercial agrarian capitalist society was the most appropriate form for both the maintenance of order and the practice of virtue. Developing the suggestion that a conservative interpretation of the enlightened legacy was possible for the succeeding century, Michie's study offers a useful corrective to the received wisdom that Victorian Liberalism was the true heir of the Scottish Enlightenment.

Family Experiments
  • Language: en
  • Pages: 398

Family Experiments

  • Type: Book
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  • Published: 2016-11-30
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  • Publisher: ANU Press

Family Experiments explores the forms and undertakings of ‘family’ that prevailed among British professionals who migrated to Australia and New Zealand in the late nineteenth century. Their attempts to establish and define ‘family’ in Australasian, suburban environments reveal how the Victorian theory of ‘separate spheres’ could take a variety of forms in the new world setting. The attitudes and assumptions that shaped these family experiments may be placed on a continuum that extends from John Ruskin’s concept of evangelical motherhood to John Stuart Mill’s rational secularism. Central to their thinking was a belief in the power of education to produce civilised and humane individuals who, as useful citizens, would individually and in concert nurture a better society. Such ideas pushed them to the forefront of colonial liberalism. The pursuit of higher education for their daughters merged with and, in some respects, influenced first-wave colonial feminism. They became the first generation of colonial, middle-class parents to grapple not only with the problem of shaping careers for their sons but also, and more frustratingly, what graduate daughters might do next.

Women Writers and the Early Modern British Political Tradition
  • Language: en
  • Pages: 428

Women Writers and the Early Modern British Political Tradition

This collection of essays includes studies of women's political writings from Christine de Pizan to Mary Wollstonecraft and explores in depth the political ideas of the writers in their historical and intellectual context. The volume illuminates the limitations placed on women's political writings and their broader political role by the social and scholarly institutions of early modern Europe. In so doing, the authors probe legal and political restraints, distinct national and state organisation, and assumptions concerning women's proper intellectual interests. In this endeavour, the volume explores questions and subjects traditionally ignored by historians of political thought and little considered even by current feminist theorists, groups who give slight attention to women's political ideas or place women's writings within the social and intellectual structures from which they emerged and which they helped to shape.