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The Writs of Assistance Case
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.
The Birth of the English Common Law
This book provides a challenging interpretation of the emergence of the common law in Anglo-Norman England, against the background of the general development of legal institutions in Europe. In a detailed discussion of the emergence of the central courts and the common law they administered, the author traces the rise of the writ system and the growth of the jury system in twelfth-century England. Professor van Caenegem attempts to explain why English law is so different from that on the Continent and why this divergence began in the twelfth century, arguing that chance and chronological accident played the major part and led to the paradox of a feudal law of continental origin becoming one of the most typical manifestations of English life and thought. First published in 1973, The Birth of the English Common Law has come to enjoy classical status, and in a preface Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings.
Judicial Control of Administrative Action in India through the Writ of Certiorari
This state of affairs may be attributed inter-alia to thedecline of the laissez-faire philosophy of Government which had its heyday in the nineteenth and early twentieth century with its notion that the proper role of governmental administration is the maintenance of a State which seeks to guarantee the individual a maximum of freedom from coercive influence and a protection against the more obvious types of anti-social conduct. In its place is a new awareness of the responsibility of the State towards the economic and social welfare of the nation, and in order to discharge this responsibility, it became necessary to bring these myriad activities under the regulatory power of the Government.
