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Look Inside Law and Legal Process

Law and Legal Process
Substantive Law and Procedure in English Legal History

£75.99

Editors:
Matthew Dyson, University of Cambridge
David Ibbetson, University of Cambridge

Charles Donahue, Jr, Paul Brand, Gwen Seabourne, Anthony Musson, Susanne Jenks, Neil Jones, David Ibbetson, Clive Holmes, Henry Mares, Warren Swain, James Oldham, John Baker, Phil Handler, Michael Lobban, Patrick Polden

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Date Published: July 2013
availability: Available
format: Hardback
isbn: 9781107040588

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About the Authors

This collection of papers from the Twentieth British Legal History Conference explores the relationship between substantive law and the way in which it actually worked. Instead of looking at what the courts said they were doing, it is concerned more with the reality of what was happening. To that end, the authors use a wide range of sources, from court records to merchants' diaries and lawyers' letters. The way in which the sources are used reflects the possibilities of legal historical research which are opening up in the twenty-first century, as large databases and digitised images – and even online auction sites – make it a practical possibility to do work at a level which was almost unthinkable only a short time ago.
- Focuses on the relationship between substantive law and its working in order to give a fuller picture of the way law works than just describing rules as if they operated in a vacuum
- Contributing authors include leading historians of English law
- Provides an overview of the work of leading historians as well as groundbreaking analysis of important questions concerning law and history
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Reviews & endorsements
'… this book is a worthy addition to what is arguably the leading legal history publication series.' Jonathan A. Bush, Law and History Review

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Product details
- Date Published: July 2013
- format: Hardback
- isbn: 9781107040588
- length: 365 pages
- dimensions: 233 x 156 x 24 mm
- weight: 0.68kg
- contains: 1 b/w illus. 8 tables
- availability: Available
Table of Contents
1. 'The hypostasis of prophecy': legal realism and legal history Charles Donahue, Jr
2. Chancery, the Justices and the making of new writs in thirteenth-century England Paul Brand
3. Copulative complexities: the exception of adultery in medieval dower actions Gwen Seabourne
4. Arbitration and the legal profession in late medieval England Anthony Musson
5. Privileges and their application in the main English central courts in the fourteenth and fifteenth centuries Susanne Jenks
6. Trusts litigation in chancery after the Statute of Uses: the first fifty years Neil Jones
7. The assessment of contractual damages at common law in the late sixteenth century David Ibbetson
8. The case of Joan Peterson: witchcraft, family conflict, legal invention, and constitutional theory Clive Holmes
9. Criminal informations of the Attorneys-General in the King's Bench from Egerton to North Henry Mares
10. Lawyers, merchants, and the law of contract in the long eighteenth century Warren Swain
11. Creditors and the Feme Covert James Oldham
12. Legal process as reported in correspondence John Baker
13. Legal development in Victorian felony trials Phil Handler
14. Cutting the Gordian Knot? Arbitration and company insolvency in the 1870s Michael Lobban
15. 'Forty years on': the British Legal History Conference, 1972–2011 Patrick Polden.
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Editors
Matthew Dyson, University of Cambridge
Matthew Dyson is a Fellow in Law at Trinity College, Cambridge, where he specialises in the relationship between tort and crime.
David Ibbetson, University of Cambridge
David Ibbetson is the Regius Professor of Civil Law at the University of Cambridge. He is also Co-Director of the Centre for English Legal History.
Contributors
Charles Donahue, Jr, Paul Brand, Gwen Seabourne, Anthony Musson, Susanne Jenks, Neil Jones, David Ibbetson, Clive Holmes, Henry Mares, Warren Swain, James Oldham, John Baker, Phil Handler, Michael Lobban, Patrick Polden