Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
Law Faculty Publications
The municipal Jaw of England is divided into common Jaw and equity. This is so because in the middle ages, the judges of the courts of common law (the Court of Common Pleas and the Court of King's Bench) believed that they could not expand the existing law in order to solve new problems. They thought that they were bound by the established Jaw as found in their own earlier judicial opinions. Furthermore, they felt that it was the function of Parliament to change the law; therefore, it would be an unconstitutional usurpation of the legislative power for the courts …
Legal Growth Through Evolution: Comment On Puritan Revolution And English Law, William Hamilton Bryson
Legal Growth Through Evolution: Comment On Puritan Revolution And English Law, William Hamilton Bryson
Law Faculty Publications
Professor Harold Berman has presented the fascinating thesis that a people's religion influences their laws and that the Puritan religious revolution of seventeenth century England introduced Calvinist ideas into Anglo-American jurisprudence. I fully agree with Professor Berman's observations that religious beliefs and a sense of moral obligation to others are some of the motivations of, or at least influences upon, legal growth. Economic aggrandizement is not the only motivation of the human race. Religion has had a direct effect upon social and political institutions.