In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.
In the first modern biography of Lord Mansfield (1705-1793), Norman Poser details the turbulent political life of eighteenth-century Britain's most powerful judge, serving as chief justice for an unprecedented thirty-two years.
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.First published in 1973, The Birth of the English ...
Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution.
He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752.
Beginning with Coke and Selden, Holdsworth surveys the work of the great practitioners of Anglo-American legal history.
... relevance that is apparent in later case law. The Provinciale was quickly and frequently printed in England once printing became an option. Sir John Bakerʼs treatment of Lyndwood in Monuments of Endlesse Labours (1998) establishes ...
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the...
Stubbs has made the attractive suggestion that perhaps the rapid growth of the universities " conduced to the maintenance in the educated class of an ideal of free government, 1 For Henry I, see in general Corbett in Cambridge Mediaeval ...
A History of English Law: Book 4 (1485-1700) The common law and its rivals
Using voluminous trial notes and previously unexplored documentary sources, Oldham (law, Georgetown U. Law Center) provides a reappraisal of the judicial career of Lord Mansfield, Chief Justice of the Court of King's Bench in England from ...