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A Historical Introduction to the Law of Obligations
David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers exploiting procedural advantages in their clients' interest are described & analyzed.
Common Law and Ius Commune
Selden Society Lecture delivered in the Old Hall of Lincoln's Inn, July 20th, 2000.
Essays in Law and History for David Ibbetson
Over the last 40 years, David Ibbetson has paved the way in a remarkably broad range of fields. In ancient law, his scholarship has spanned both the detailed doctrine of the Roman law of obligations and the cross-pollination of legal influences around the ancient Mediterranean. His work on English legal history has ranged from the earliest days of the common law through to the turn of the 20th century, combining forensic archival research with a sensitivity to how lawyers thought about their subject. In European legal history, he has shown the porousness of the civil law and the extent to which it has been shaped by other areas of intellectual life, from theology to rationalist philosophy. The contributions to this volume in his honour mirror both the breadth and the depth of Ibbetson's scholarship. The book combines chapters from leading legal historians, close colleagues and over a dozen of Ibbetson's students. Some chapters build upon or respond to Ibbetson's ideas, others his areas of interest. The contributions are introduced by Ibbetson's valedictory lecture on the importance of legal history to modern practice and scholarship, and the work yet to be done.
English Legal History and its Sources
This volume honours the work and writings of Professor Sir John Baker over the past fifty years, presenting a collection of essays by leading scholars on topics relating to the sources of English legal history, the study of which Sir John has so much advanced. The essays range from the twelfth century to the nineteenth, considering courts (central and local), the professions (both common law and civilian), legal doctrine, learning, practice, and language, and the cataloguing of legal manuscripts. The sources addressed include court records, reports of litigation (in print and in manuscript), abridgements, fee books and accounts, conveyances and legal images. The volume advances understanding of the history of the common law and its sources, and by bringing together essays on a range of topics, approaches and periods, underlines the richness of material available for the study of the history of English law and indicates avenues for future research.
The Cambridge Companion to Roman Law
This book reflects the wide range of current scholarship on Roman law, covering private, criminal and public law.
The Roman Law Tradition
The law developed by the ancient Romans remains a powerful legal and political instrument today. In The Roman Law Tradition a general editorial introduction complements a series of more detailed essays by an international team of distinguished legal scholars exploring the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world.
Law and Legal Process
Leading historians of English law examine the relationship between substantive law and legal process from medieval to modern times.
European Legal Development
This three-volume set examines the nature of legal development in Western Europe since 1850, focusing on liability for fault.
The Nature of Customary Law
Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
