Legal Practice in Eighteenth-Century Scotland

Legal Practice in Eighteenth-Century Scotland
Author :
Publisher : BRILL
Total Pages : 461
Release :
ISBN-10 : 9789004294943
ISBN-13 : 9004294945
Rating : 4/5 (43 Downloads)

Synopsis Legal Practice in Eighteenth-Century Scotland by : John Finlay

This book is the first monograph to analyse the workings of Scotland’s legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.

The Orphan in Eighteenth-Century Law and Literature

The Orphan in Eighteenth-Century Law and Literature
Author :
Publisher : Routledge
Total Pages : 303
Release :
ISBN-10 : 9781317021940
ISBN-13 : 1317021940
Rating : 4/5 (40 Downloads)

Synopsis The Orphan in Eighteenth-Century Law and Literature by : Cheryl L. Nixon

Cheryl Nixon's book is the first to connect the eighteenth-century fictional orphan and factual orphan, emphasizing the legal concepts of estate, blood, and body. Examining novels by authors such as Eliza Haywood, Tobias Smollett, and Elizabeth Inchbald, and referencing never-before analyzed case records, Nixon reconstructs the narratives of real orphans in the British parliamentary, equity, and common law courts and compares them to the narratives of fictional orphans. The orphan's uncertain economic, familial, and bodily status creates opportunities to "plot" his or her future according to new ideologies of the social individual. Nixon demonstrates that the orphan encourages both fact and fiction to re-imagine structures of estate (property and inheritance), blood (familial origins and marriage), and body (gender and class mobility). Whereas studies of the orphan typically emphasize the poor urban foundling, Nixon focuses on the orphaned heir or heiress and his or her need to be situated in a domestic space. Arguing that the eighteenth century constructs the "valued" orphan, Nixon shows how the wealthy orphan became associated with new understandings of the individual. New archival research encompassing print and manuscript records from Parliament, Chancery, Exchequer, and King's Bench demonstrate the law's interest in the propertied orphan. The novel uses this figure to question the formulaic structures of narrative sub-genres such as the picaresque and romance and ultimately encourage the hybridization of such plots. As Nixon traces the orphan's contribution to the developing novel and developing ideology of the individual, she shows how the orphan creates factual and fictional understandings of class, family, and gender.

Marriage Law and Practice in the Long Eighteenth Century

Marriage Law and Practice in the Long Eighteenth Century
Author :
Publisher : Cambridge University Press
Total Pages :
Release :
ISBN-10 : 9781139479769
ISBN-13 : 1139479768
Rating : 4/5 (69 Downloads)

Synopsis Marriage Law and Practice in the Long Eighteenth Century by : Rebecca Probert

This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.

English Common Law in the Age of Mansfield

English Common Law in the Age of Mansfield
Author :
Publisher : Univ of North Carolina Press
Total Pages : 445
Release :
ISBN-10 : 9780807864005
ISBN-13 : 0807864005
Rating : 4/5 (05 Downloads)

Synopsis English Common Law in the Age of Mansfield by : James Oldham

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.

Legal Research and Law Library Management

Legal Research and Law Library Management
Author :
Publisher : Law Journal Press
Total Pages : 1218
Release :
ISBN-10 : 1588520137
ISBN-13 : 9781588520135
Rating : 4/5 (37 Downloads)

Synopsis Legal Research and Law Library Management by : Julius J. Marke

This revised edition of Legal Research and Law Library Management retains the best elements of the previous edition while covering the latest in law library management.

Bibliography of Early American Law

Bibliography of Early American Law
Author :
Publisher :
Total Pages :
Release :
ISBN-10 : OCLC:191121321
ISBN-13 :
Rating : 4/5 (21 Downloads)

Synopsis Bibliography of Early American Law by : Morris L. Cohen

An electronic version of the six-volume set, from which the introduction and other front-matter have been included for general-information consultation. Indexes have been supplanted by the searching capablities of Folio.

The Cambridge Companion to Eighteenth-Century Thought

The Cambridge Companion to Eighteenth-Century Thought
Author :
Publisher : Cambridge University Press
Total Pages : 299
Release :
ISBN-10 : 9781107082489
ISBN-13 : 110708248X
Rating : 4/5 (89 Downloads)

Synopsis The Cambridge Companion to Eighteenth-Century Thought by : Frans De Bruyn

A survey of influential thinkers and their ideas in eighteenth-century British philosophy, science, religion, history, law, and economics.

A History of Law in Europe

A History of Law in Europe
Author :
Publisher : Cambridge University Press
Total Pages : 823
Release :
ISBN-10 : 9781107180697
ISBN-13 : 1107180694
Rating : 4/5 (97 Downloads)

Synopsis A History of Law in Europe by : Antonio Padoa-Schioppa

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

Crime and Law in England, 1750–1840

Crime and Law in England, 1750–1840
Author :
Publisher : Cambridge University Press
Total Pages : 380
Release :
ISBN-10 : 113945949X
ISBN-13 : 9781139459495
Rating : 4/5 (9X Downloads)

Synopsis Crime and Law in England, 1750–1840 by : Peter King

How was law made in England in the eighteenth and early nineteenth centuries? Through detailed studies of what the courts actually did, Peter King argues that parliament and the Westminster courts played a less important role in the process of law making than is usually assumed. Justice was often remade from the margins by magistrates, judges and others at the local level. His book also focuses on four specific themes - gender, youth, violent crime and the attack on customary rights. In doing so it highlights a variety of important changes - the relatively lenient treatment meted out to women by the late eighteenth century, the early development of the juvenile reformatory in England before 1825, i.e. before similar changes on the continent or in America, and the growing intolerance of the courts towards everyday violence. This study is invaluable reading to anyone interested in British political and legal history.