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.

Blackstone and his Commentaries

Blackstone and his Commentaries
Author :
Publisher : Bloomsbury Publishing
Total Pages : 268
Release :
ISBN-10 : 9781847315199
ISBN-13 : 1847315194
Rating : 4/5 (99 Downloads)

Synopsis Blackstone and his Commentaries by : Wilfrid Prest

One of the most celebrated works in the Anglo-American legal tradition, William Blackstone's Commentaries on the Laws of England (1765-9) has recently begun to attract renewed interest from legal and other scholars. The Commentaries no longer dominate legal education as they once did, especially in North America during the century after their first publication. But they continue to be regularly cited in the judgments of superior courts of review on both sides of the Atlantic, and elsewhere throughout the common-law world. They also provide constitutional, cultural, intellectual and legal historians with a remarkably comprehensive account of the role of law, lawyers and the courts in the imperial superpower that was England on the cusp of the industrial revolution. The life and character of Blackstone himself, the nature and sources of his jurisprudence as expounded in the Commentaries, and the impact of his great book, both within and beyond his native shores, are the main themes of this collection. Individual essays treat Blackstone's early architectural treatises and their relationship to the Commentaries; his idiosyncratic book collecting; his views of the role of judges, interpretation of statutes, the law of marriage, the status of wives, natural law, property law and the legalities of colonisation, and the varied reception of the Commentaries in America and continental Europe. Blackstone's bibliography and iconography also receive attention. Combining the work of both eminent and emerging scholars, this interdisciplinary venture sheds welcome new light on a legal classic and its continued influence. I Life 1 Blackstone and Biography - Wilfrid Prest 2 A 'Model of the Old House': Architecture in Blackstone's Life and Commentaries - Carol Matthews 3 'A Mighty Consumption of Ale': Blackstone, Buckler, and All Souls College, Oxford - Norma Aubertin-Potter 4 William Blackstone and William Prynne: an Unlikely Association? - Ian Doolittle II Thought 5 Blackstone on Judging - John H Langbein 6 Blackstone's Rules for the Construction of Statutes - John V Orth 7 Blackstone and Bentham on the Law of Marriage - Mary Sokol 8 Coverture and Unity of Person in Blackstone's Commentaries -Tim Stretton 9 Blackstone's Commentaries on Colonialism: Australian Judicial Interpretations - Thalia Anthony 10 Restoring the 'Real' to Real Property Law: A Return to Blackstone? - Nicole Graham III Influence 11 American Blackstones - Michael Hoeflich 12 Did Blackstone get the Gallic Shrug? - John Emerson 13 Blackstone in Germany - Horst Dippel IV Sources 14 Bibliography - Morris Cohen 15 Iconography - J H Baker and Wilfrid Prest Contributors -Thalia Anthony lectures in law at the University of Sydney. -Norma Aubertin-Potter is Librarian-in-Charge of the Codrington Library, All Souls College, Oxford. -J H Baker, Downing Professor of the Laws of England at the University of Cambridge, is Literary Director of the Selden Society. -Morris Cohen, Professor Emeritus and Professorial Lecturer in Law, is the former Librarian of Yale Law School. -Horst Dippel is Professor of British and American Studies at the University of Kassel. -Ian Doolittle, formerly a Junior Research Fellow at Christ Church, Oxford, is a partner in the law firm Trowers and Hamlins LLP in London. -John Emerson holds a Visiting Research Fellowship in the Law School, University of Adelaide. -Nicole Graham is Senior Lecturer in the Faculty of Law, University of Technology, Sydney. -Michael Hoeflich is John H and John M Kane Distinguished Professor in the Law School, University of Kansas. -John Langbein is Sterling Professor of Law and Legal History at Yale Law School. -Carol Matthews teaches in the School of History and Politics at the University of Adelaide. -John V Orth holds the William Rand Kenan Jr Chair of Law at the University of North Carolina, Chapel Hill. -Wilfrid Prest is Professor Emeritus and Visiting Research Fellow in the Law School and School of History and Politics, University of Adelaide. -Mary Sokol holds an Honorary Research Fellowship in the Bentham Project at University College London. -Tim Stretton teaches history at St Mary's University, Halifax, Nova Scotia.