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The Common Law: a Very Short Introduction
The common law began as England's national system of adjudication for correcting wrongs, protecting rights, and enforcing due administration of government in the Royal courts. Its origins can be traced back to 11th century England, and was soon exported to the rest of Britain and ultimately to the far-flung reaches of the British Empire. The common law has therefore enjoyed nearly a thousand years of development and elaboration, in many lands, influenced by but separate from the systems of continental Europe, with its own distinctive procedures of pleading, fact-finding, and remedies. It developed laws that govern much of today's world of trade, business, and finance; it defended ideas of pe...
Judges and Judging in the History of the Common Law and Civil Law
In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
Company Charges
This timely new work is a collection of essays focusing on different aspects relating to the recent case of Spectrum Plus. The House of Lords decision in Spectrum has generated a lot of interest in the profession and has important commercial implications for the business community as well as altering the position on charges given over book debts. These amongst other issues are discussed by the various contributors.
A History of Water Rights at Common Law
Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older conc...
Rationalizing Property, Equity and Trusts
This Festschrift is not only a tribute to the erudition which underlies Edward Burn's success as a teacher and academic writer but also a testimonial of the affection and esteem in which he is held by his students, his contemporaries and his numerous friends.
Thai Legal History
The first book to provide a broad coverage of Thai legal history in the English language.
Properties of Law
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The Continuity of Legal Systems in Theory and Practice
The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it partic...
Judges and Judging in the History of the Common Law and Civil Law
Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.
Judge and Jurist
Collecting together 47 essays from colleagues and friends of Lord Rodger of Earlsferry, this book commemorates his work and contribution to law and legal scholarship, including his role as a judge of the UK Supreme Court and his interests in Roman law, Scots law, and legal history.
