The Oxford History of the Laws of England Volume VI

The Oxford History of the Laws of England Volume VI

OXFORD. HISTORY. OF. THE. LAWS. OF. ENGLAND. General Editor: Sir John Baker, Q.C., LL. ... Volume I: The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s Helmholz isbn 0–19–825897–6 Volume II: c.9001216 Hudson isbn ...

Author: John Baker

Publisher: OUP Oxford

ISBN: 9780191018572

Category: Law

Page: 1116

View: 995

This volume covers the years 1483-1558, a period of immense social, political, and intellectual changes, which profoundly affected the law and its workings. It first considers constitutional developments, and addresses the question of whether there was a rule of law under king Henry VIII. In a period of supposed despotism, and enhanced parliamentary power, protection of liberty was increasing and habeas corpus was emerging. The volume considers the extent to which the law was affected by the intellectual changes of the Renaissance, and how far the English experience differed from that of the Continent. It includes a study of the myriad jurisdictions in Tudor England and their workings; and examines important procedural changes in the central courts, which represent a revolution in the way that cases were presented and decided. The legal profession, its education, its functions, and its literature are examined, and the impact of printing upon legal learning and the role of case-law in comparison with law-school doctrine are addressed. The volume then considers the law itself. Criminal law was becoming more focused during this period as a result of doctrinal exposition in the inns of court and occasional reports of trials. After major conflicts with the Church, major adjustments were made to the benefit of clergy, and the privilege of sanctuary was all but abolished. The volume examines the law of persons in detail, addressing the impact of the abolition of monastic status, the virtual disappearance of villeinage, developments in the law of corporations, and some remarkable statements about the equality of women. The history of private law during this period is dominated by real property and particularly the Statutes of Uses and Wills (designed to protect the king's feudal income against the consequences of trusts) which are given a new interpretation. Leaseholders and copyholders came to be treated as full landowners with rights assimilated to those of freeholders. The land law of the time was highly sophisticated, and becoming more so, but it was only during this period that the beginnings of a law of chattels became discernible. There were also significant changes in the law of contract and tort, not least in the development of a satisfactory remedy for recovering debts.
Categories: Law

The Oxford History of the Laws of England The Canon law and ecclesiastical jurisdiction from 597 to the 1640s

The Oxford History of the Laws of England  The Canon law and ecclesiastical jurisdiction from 597 to the 1640s

Volume I : The Canon Law and Ecclesiastical Jurisdiction from 597 to the 16405 Helmholz ISBN 0-19-825897–6 Volume II : c.9001216 Hudson ISBN 0-19-826030 - X Volume III : 1216–1307 Brand ISBN 0-19-826866-6 Volume IV : 1307–1377 Donahue ...

Author: R. H. Helmholz

Publisher: Oxford University Press on Demand

ISBN: 0198258976

Category: Law

Page: 693

View: 699

This volume traces the reception and subsequent history of the canon law in England between 597 and 1649. It covers, amongst other topics, the Anglo-Saxon laws, both secular and spiritual; the establishment of consistory courts; and the fate of the canon law during and after the English reformation. Secondly, this volume addresses the subjects under ecclesiastical jurisdiction: civil procedure and the law of proof; monetary obligations and economic regulation; testamentary law and probate jurisdiction; tithes and spiritual dues; churches and the clergy; marriage and divorce; defamation; and crimes and criminal procedure. These subjects are examined using evidence from later medieval and early modern court records, and the volume seeks to place them within the context of formal canon law. The volume also places ecclesiastical jurisdiction within the context of English society and the English common law.
Categories: Law

The Oxford History of the Laws of England Volume II

The Oxford History of the Laws of England Volume II

871-1216 John Hudson. is explicitly mentioned.87 Finally, a vernacular document of c. 900 is primarily concerned with an acquisition by Edward the Elder from the bishop and community at Winchester. However, it also records that 'all the ...

Author: John Hudson

Publisher: OUP Oxford

ISBN: 9780191630033

Category: Law

Page: 984

View: 837

This volume in the landmark Oxford History of the Laws of England series, spans three centuries that encompassed the tumultuous years of the Norman conquest, and during which the common law as we know it today began to emerge. The first full-length treatment of all aspects of the early development of the English common law in a century, featuring extensive research into the original sources that bring the era to life, and providing an interpretative account, a detailed subject analysis, and fascinating glimpses into medieval disputes. Starting with King Alfred (871-899), this book examines the particular contributions of the Anglo-Saxon period to the development of English law, including the development of a powerful machinery of royal government, significant aspects of a long-lasting court structure, and important elements of law relating to theft and violence. Until the reign of King Stephen (1135-54), these Anglo-Saxon contributions were maintained by the Norman rulers, whilst the Conquest of 1066 led to the development of key aspects of landholding that were to have a continuing effect on the emerging common law. The Angevin period saw the establishment of more routine royal administration of justice, closer links between central government and individuals in the localities, and growing bureaucratization. Finally, the later twelfth and earlier thirteenth century saw influential changes in legal expertise. The book concludes with the rebellion against King John in 1215 and the production of the Magna Carta. Laying out in exhaustive detail the origins of the English common law through the ninth to the early thirteenth centuries, this book will be essential reading for all legal historians and a vital work of reference for academics, students, and practitioners.
Categories: Law

Kings as Judges

Kings as Judges

New York: Longman. ed. 1996b. The History of English Law: Centenary Essays on “Pollock and Maitland.” Oxford: Oxford University Press. 2012. The Oxford History of the Laws of England, Volume 2: 9001216.

Author: Deborah Boucoyannis

Publisher: Cambridge University Press

ISBN: 9781107162792

Category: History

Page: 400

View: 775

The first systematic account of how structures of justice led to the emergence of representative institutions and state-formation in Western Europe. It will be of interest to scholars and students of political science, political economy and economic history, history, historical sociology, political sociology, law and legal history.
Categories: History

Assessing the Harms of Crime

Assessing the Harms of Crime

The Oxford Handbook of Criminology (6th ed., pp. 284–303). Oxford, UK: ... Rationality and Society, 2, 412–28. HLN (2014, May 19). ... The Oxford History of the Laws of England, vol. II: 9001216. Oxford, UK: Oxford University Press.

Author: Letizia Paoli

Publisher: Oxford University Press

ISBN: 9780198758174

Category: Law

Page: 368

View: 986

This book examines the principle of 'harm' as a basis for crime-control policy and the prioritization of criminalized activities, as well as providing a systematic, evidence-based framework to assess the harms of crime, to improve the allocation of resources to crime prevention and law enforcement.
Categories: Law

The Oxford History of the Laws of England

The Oxford History of the Laws of England

Volume I : The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s Helmholz ISBN 0-19-825897-6 Volume II : c . 900-1216 Hudson ISBN 0-19-826030 - X Volume III : 1216-1307 Brand ISBN 0-19-826866-6 Volume IV : 1307-1377 ...

Author: R. H. Helmholz

Publisher:

ISBN: STANFORD:36105134498679

Category: Civil law

Page: 1106

View: 498

"The Oxford History of the Laws of England" provides a detailed survey of the development of English law and its institutions from the earliest times until the twentieth century, drawing heavily upon recent research using unpublished materials.
Categories: Civil law

Royal Bastards

Royal Bastards

23 John Hudson, Oxford History of the Laws of England, 9001216 (Oxford: Oxford University Press, 2012) 2:445: “settlements concerning succession reached by [William's] own sons in 1091 and 1101 made clear that a son must have been born ...

Author: Sara McDougall

Publisher: Oxford University Press

ISBN: 9780198785828

Category:

Page: 336

View: 823

The stigmatization as 'bastards' of children born outside of wedlock is commonly thought to have emerged early in Medieval European history. Christian ideas about legitimate marriage, it is assumed, set the standard for legitimate birth. Children born to anything other than marriage had fewer rights or opportunities. They certainly could not become king or queen. As this volume demonstrates, however, well into the late twelfth century, ideas of what made a child a legitimate heir had little to do with the validity of his or her parents' union according to the dictates of Christian marriage law. Instead a child's prospects depended upon the social status, and above all the lineage, of both parents. To inherit a royal or noble title, being born to the right father mattered immensely, but also being born to the right kind of mother. Such parents could provide the most promising futures for their children, even if doubt was cast on the validity of the parents' marriage. Only in the late twelfth century did children born to illegal marriages begin to suffer the same disadvantages as the children born to parents of mixed social status. Even once this change took place we cannot point to 'the Church' as instigator. Instead, exclusion of illegitimate children from inheritance and succession was the work of individual litigants who made strategic use of Christian marriage law. This new history of illegitimacy rethinks many long-held notions of medieval social, political, and legal history.
Categories:

William the Conqueror

William the Conqueror

Autour de Lanfranc (1010–2010), 107–15 Holt, J. C., 'Politics and Property in Early Medieval England', Past and Present, ... Normandy and its Neighbours, 223–35 —— The Oxford History of the Laws of England, volume II: 871–1216 (Oxford, ...

Author: David Bates

Publisher: Yale University Press

ISBN: 9780300183832

Category: Biography & Autobiography

Page: 352

View: 459

Fifteen years in the making, a landmark reinterpretation of the life of a pivotal figure in British and European history In this magisterial addition to the Yale English Monarchs series, David Bates combines biography and a multidisciplinary approach to examine the life of a major figure in British and European history. Using a framework derived from studies of early medieval kingship, he assesses each phase of William’s life to establish why so many trusted William to invade England in 1066 and the consequences of this on the history of the so-called Norman Conquest after the Battle of Hastings and for generations to come. A leading historian of the period, Bates is notable for having worked extensively in the archives of northern France and discovered many eleventh- and twelfth-century charters largely unnoticed by English-language scholars. Taking an innovative approach, he argues for a move away from old perceptions and controversies associated with William’s life and the Norman Conquest. This deeply researched volume is the scholarly biography for our generation.
Categories: Biography & Autobiography

Married Life in the Middle Ages 900 1300

Married Life in the Middle Ages  900 1300

Helmholz , R. H. , Marriage contracts in medieval England , in To Have and to Hold , ed . Reynolds and De Witte , 260–86 . ... Hudson , John , The Oxford History of the Laws of England . Vol . II , 871-1216 ( Oxford , 2012 ) .

Author: Elisabeth M. C. Van Houts

Publisher: Oxford University Press

ISBN: 9780198798897

Category: Family & Relationships

Page: 298

View: 919

An analysis of the lived experience of Christian married life in Christian medieval Europe, this study examines the process of getting married and wedding celebrations; the married life of lay couples and clergy, their sexuality, and any remarriage; and alternative living, including concubinage, polygyny, and the single life.
Categories: Family & Relationships

The Formation of the English Common Law

The Formation of the English Common Law

The crucial work on law in the period is by Patrick Wormald: The Making of English Law: King Alfred to the Twelfth ... J. G. H. Hudson, The Oxford History of the Laws of England, volume II: 871–1216 (Oxford, 2012), covers not just the ...

Author: John Hudson

Publisher: Routledge

ISBN: 9781351669979

Category: History

Page: 234

View: 687

The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest. Containing a new chapter charting the Anglo-Saxon period, as well as a fully revised Further Reading section, this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law.
Categories: History