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Anglo-Saxon Writs
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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.
Habeas for the Twenty-First Century
For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence. Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.
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.
A Treatise of the Writ of Habeas Corpus
This comprehensive work discusses all aspects of the writ and its jurisdiction in English common law and United States federal and state courts. Includes an examination of issues of bail, foreign and interstate extradition, the return, pardon, custody, etc. and a thorough history of the writ that traces its history to the Roman Edict.
Style Writs for the Sheriff Court
Since the Court Reform (Scotland) Act 2014 and the creation of the All Scotland Personal Injury Court, Scotland's sheriff courts now deals with all cases worth up to £100,000, covering cases ranging from debt and bankruptcy, to child welfare and anti-social behaviour. With a focus on remedies, Style Writs for the Sheriff Court illustrates general litigation styles using fictitious characters and detailed accounts which are based on real cases, covering the areas commonly encountered by solicitors. It also incorporates changes brought about by the Home Owner and Debtor Protection (Scotland) Act 2010 and the 2019 Rules on Expenses. Solicitors practising in Scotland will benefit from the new and updated style writs included, such as: - Pursuer's Offer - Action for Reduction - Action for Proving the Tenor of a lost document The Fifth Edition of this practical guide enables you to navigate styles of writs, defences, motions and written pleadings using up to date references to statute and Court Rules.
