Law Liberty and the Constitution

Author: Harry Potter
Publisher: Boydell & Brewer Ltd
ISBN: 178327011X
Format: PDF, ePub, Docs
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A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.

Common law Liberty

Author: James Reist Stoner
Publisher:
ISBN:
Format: PDF
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"In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.".

Due process of law

Author: John V. Orth
Publisher: Univ Pr of Kansas
ISBN:
Format: PDF, Docs
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Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process. No person's life, liberty, or property may be taken without "due process of law." What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follow and--in exceptional cases--what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than "substantive due process, " which at one time limited government regulation of business and today forbids the states from outlawing abortions. "Due process of law, " as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made wayfor an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general. This unconventional history of the concept of due process heightens the reader's understa

Law and Judicial Duty

Author: Philip HAMBURGER
Publisher: Harvard University Press
ISBN: 0674038193
Format: PDF, ePub
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Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

An Introduction to English Legal History

Author: John Hamilton Baker
Publisher: Oxford University Press
ISBN: 9780406930538
Format: PDF, Kindle
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Written with students in mind, Baker: An Introduction to English Legal History provides an introduction to the common law and English legal culture through the dimension of history. It traces in outline, the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present.The introduction has become a standard work on the subject. It has now been updated and improved in consequence of the rapid pace of research in legal history over recent year, which has made this new edition a necessity.To assist the student further, this new edition has been fully cross-referenced to the relevant sources found in Baker & Milsom: Sources of English Legal History.

The Formation of English Common Law

Author: John Hudson
Publisher: Routledge
ISBN: 131789801X
Format: PDF, ePub
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During the Anglo-Norman period a concept of law developed, binding ruler and ruled alike and which was based on custom common throughout the country. This was Common Law and it was from this that subsequent law developed. John Hudson's text is an introductory survey of Common Law for students and other non-specialist readers. Certain aspects of medieval law such as its feuds, its ordeals and its outlaws are well known, this text shows how these aspects fitted in to the system as a whole, considers its Anglo-Saxon origins, the influence of the Norman invaders and later administrative reforms. The events and legal processes also throw light on the society, politics and thought of the times.

A Concise History of the Common Law

Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Format: PDF, Kindle
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Plucknett, Theodore F.T. A Concise History of the Common Law. Fifth Edition. Boston: Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067821. ISBN 1-58477-137-2. Cloth. $125. * "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate...Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law...In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." Percy H. Winfield. Harv. L. Rev. 43:339-340.

Leading Cases in the Common Law

Author: Alfred William Brian Simpson
Publisher: Oxford University Press
ISBN: 019826299X
Format: PDF, Mobi
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This book offers a collection of essays by arguably the most popular legal historian writing today. Most of the essays have not been previously published, and those which have appeared previously have been re-written to make the collection read more coherently. The collection is centred upon the theme of the leading case - a case where the judgment has established a long-lasting or far reaching precedent in common law, and the author has selected a number of these cases in order to illustrate how the precedents established by the cases have little or nothing to do with the trials themselves.

The Politics of the Common Law

Author: Adam Gearey
Publisher: Routledge
ISBN: 1135097879
Format: PDF, Docs
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The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.