English Common Law In The Age Of Mansfield

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.

The life and times of the great eighteenth-century judge and statesman, whose legacy continues to influence Anglo-American law and society.

This authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day.

"Is marriage a privilege or a right? A sacrament or a contract? Is it a public or a private matter? Where does ultimate jurisdiction over it lie? And when a marriage goes wrong, how do we adjudicate marital disputes-particularly in the usual circumstance, where men and women do not have equal access to power, justice, or even voice? These questions have long been with us because they defy easy, concrete answers. Kirsten Sword here reveals that contestation over such questions in early America drove debates over the roles and rights not only of women but of all unfree people. Sword shows how and why gendered hierarchies change-and why, frustratingly, they don't"--

This book considers the development of contract law doctrine in England from 1670 to 1870.

This book examines internal political conflicts in the British Empire within the legal framework of treason and sedition. The threat of treason and rebellion pervaded the British Atlantic in the 17th and 18th centuries; Britain's control of its territories was continually threatened by rebellion and war, both at home and in North America. Even after American independence, Britain and its former colony continued to be fearful that opposition and revolution might follow the French example, and both took legal measures to control both speech and political action. This study places these conflicts within a political and legal framework of the laws of treason and sedition as they developed in the British Atlantic. The treason laws originated in the reign of Edward III, and were adapted and modified in the 16th and 17th centuries. They were exported to the colonies, where they underwent both adaptation and elaboration in application in the slave societies as well as those dominated by free settlers. Relationships with natives and European rivals in the Americas affected the definitions of treason in practice, and the divided loyalties of the American revolutionary war added further problems of defining loyalty and treachery. Treason and Rebellion in the British Atlantic, 1685-1800 offers a new study of treason and sedition in the period by placing them in a truly transatlantic perspective, making it a valuable study for those interested in the legal and political of Britain's empire and 18th-century revolutions.