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Law, Lawyers, and Humanism
This collection brings together a selection of the most cited articles published by Professor John W. Cairns. Essays range from Scots Law from 16th and 17th century Scotland, through to the 18th century influence of Dutch Humanism into the 19th century, a
Enlightenment, Legal Education, and Critique
Enlightenment, Legal Education, and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophic
Selected Essays on the History of Scots Law: Law, lawyers, and humanism
This collection brings together a selection of the most cited articles published by Professor John W. Cairns. Essays range from Scots Law from 16th and 17th century Scotland, through to the 18th century influence of Dutch Humanism into the 19th century, and on to the further development of the Scots legal system and profession.
Beyond Dogmatics
This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960's, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roma
Creation of the Ius Commune
This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature.With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law.
The Oxford Companion to Black British History
A unique A-Z guide to the history of black people in the British Isles from classical times to the present day. With entries for landmark figures (e.g. Mary Seacole, Crimean nurse), key events (the Brixton Riots), concepts (Emancipation), and historical accounts. Wide-ranging coverage from medicine and warfare to art, music, sport, and education.
Wrongful Damage to Property in Roman Law
A new assessment of the importance of the lex Aquilia (wrongful damage to property) on Roman law in Britain Few topics have had a more profound impact on the study of Roman law in Britain than the lex Aquilia, a Roman statute enacted c.287/286 BCE to reform the Roman law on wrongful damage to property. This volume investigates this peculiarly British fixation against the backdrop larger themes such as the development of delict/tort in Britain and the rise of comparative law. Taken collectively, the volume establishes whether it is possible to identify a 'British' method of researching and writing about Roman law.
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.
Adam Smith and the Philosophy of Law and Economics
Adam Smith and the Philosophy of Law and Economics is a unique book. Malloy and Evensky bring together a team of international and interdisciplinary scholars to address the work of Adam Smith as it relates to law and economics. In addition to their own contributions, the book includes works by Dr. John W. Cairns of the University of Edinburgh, Dr. J. Ralph Lindgren of Lehigh University, Professor Kenneth A.B. Mackinnon of the University of Waikato, and the Honorable Richard A. Posner of the United States Circuit Court of Appeals. Together these authors bring expertise from the areas of law, philosophy, history, economics, and law and economics to a new study of Adam Smith and his work. Part ...
The Dearest Birth Right of the People of England
Legal scholars from Britain and the US have revised 11 presentations they made to the 14th British Legal History Conference on Parliaments, Juries, and the Law, held in Edinburgh in July 1999. Among their topics are the civil jury in modern Scottish legal history, Medieval Wales, English manorial courts, the origins of the confrontation right and hearsay rule, jury research in the English Reports on CD-ROM, forgery and the jury at the Old Bailey from 1818 to 1821, and malicious prosecution as a test case for the fate of the civil jury in late Victorian England. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
