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Collected Papers on English Legal History

Collected Papers on English Legal History

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  • isbn: 9781316097663

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About the Authors
  • Over the last forty years, Sir John Baker has written on most aspects of English legal history, and this collection of his writings includes many papers that have been widely cited. Providing points of reference and foundations for further research, the papers cover the legal profession, the inns of court and chancery, legal education, legal institutions, legal literature, legal antiquities, public law and individual liberty, criminal justice, private law (including contract, tort and restitution) and legal history in general. An introduction traces the development of some of the research represented by the papers, and cross-references and new endnotes have been added. A full bibliography of the author's works is also included.

    • Provides access to a collection of papers which first appeared in a variety of different publications
    • Includes works that have hitherto not been widely accessible
    • Contains seven chapters which have not previously been printed
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    Reviews & endorsements

    '… adds a formidable body of learning of dauntingly high standard … [a] wonderful collection …' P. R. Cavill, English Historical Review

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    Product details

    • format: Adobe eBook Reader
    • isbn: 9781316097663
    • contains: 50 b/w illus.
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    1. The English legal profession, 1450–1550
    2. Counsellors and barristers
    3. Solicitors and the law of maintenance, 1590–1640
    4. The degree of barrister
    5. Audience in the courts
    6. The rank of Queen's Counsel
    7. The third university of England
    8. The Inns of Court in 1388
    9. The division of the Temple: Inner, Middle and Outer
    10. The Inn of the Outer Temple
    11. The Old Constitution of Gray's Inn
    12. The Ancient and Honourable Society of Gray's Inn
    13. The Inns of Court and Chancery as voluntary associations
    14. The judges as visitors to the Inns of Court
    15. Oral instruction in land law and conveyancing, 1250–1500
    16. Legal education in London, 1250–1850
    17. The Pekynnes
    18. Learning exercises in the medieval Inns of Court and Chancery
    19. The Old Moot Book of Lincoln's Inn
    20. Readings in Gray's Inn, their decline and disappearance
    21. The Inns of Court and legal doctrine
    22. Roman law at the third university of England
    23. The Inns of Court: law school or finishing school?
    24. The changing concept of a court
    25. From lovedays to commercial arbitration
    26. Personal actions in the High Court of Battle Abbey, 1450–1602
    27. Judicial Conservatism in the Tudor Common Pleas, 1500–1560
    28. The common lawyers and the Chancery:
    1616
    29. The three languages of the common law
    30. Case-law in medieval England
    31. Dr Thomas Fastolf and the history of law reporting
    32. John Bryt's reports and the year books of Henry IV
    33. Case-law in England and continental Europe
    34. The books of the common law, 1440–1557
    35. English law books and legal publishing, 1557–1695
    36. Books of entries
    37. Manuscripts in the Inner Temple
    38. Common lawyers' libraries before 1640
    39. John Rastell and the terms of the law
    40. Coke's notebooks and the sources of his reports
    41. John Selden and English legal history
    42. The Newe Littleton
    43. Sir Thomas Robinson
    44. Westminster Hall
    45. English judges' robes, 1350–2008
    46. The earliest serjeants' rings
    47. The collar of SS
    48. The mystery of the Bar gown
    49. Personal liberty under the common law, 1200–1600
    50. An English view of the Anglo-Hibernian Constitution in 1670
    51. Human rights and the rule of law in Renaissance England
    52. Equity and public law in England
    53. Some early Newgate reports, 1315–26
    54. The refinement of English criminal jurisprudence, 1500–1848
    55. Criminal courts and procedure, 1550–1800
    56. Torture and the law of proof
    57. The Tudor law of treason
    58. Criminal justice at Newgate, 1616–27
    59. Le brickbat que narrowly mist
    60. The history of the common law of contract
    61. Covenants and the law of proof, 1290–1321
    62. New light on Slade's case
    63. The origins of the 'doctrine' of consideration, 1535–85
    64. Privity of contract in the common law before 1680
    65. The rise and fall of freedom of contract
    66. The law merchant and the common law before 1700
    67. The law merchant as a source of English law
    68. The use of assumpsit for restitutionary money claims, 1500–1800
    69. Bezoar-stones, gall-stones, and gem-stones: the action on the case for deceit
    70. The common law of negligence, 1500–1700
    71. Dower of personalty, 1250–1450
    72. Sir John Melton's case, 1535
    73. Funeral monuments and the heir
    74. Charity and perpetuity: the commemoration of benefactors
    75. The dark age of English legal history, 1500–1700
    76. Editing the sources of English legal history
    77. Kiralfy's action on the case
    78. Words and fictions: male and married spinsters
    79. Legal process as reported in correspondence
    80. 'Authentic testimony'?: fact and law in legal records
    81. English law and the Renaissance
    82. The common law in 1608
    83. Why the history of English law has not been finished
    84. Why should undergraduates study legal history?
    Bibliography of writings by Sir John Baker.

  • Author

    John Baker, University of Cambridge
    Sir John Baker taught at the University of Cambridge from 1971 to 2011, latterly as Downing Professor of the Laws of England. He also served for thirty years as Literary Director of the Selden Society and was knighted for services to legal history in 2003.

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