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Articles 1 - 6 of 6
Full-Text Articles in Legal History
Equity, Samuel L. Bray
Equity, Samuel L. Bray
Book Chapters
From the Publisher
Chapter 2
How has equity been received in the United States? Two themes stand out. One is that of ‘nice adjustment’: the case-specific adjustment of legal rules to avoid the harsh results of applying rules to unforeseen circumstances. The second is the idea of judicial command: ordering the particular defendant in the circumstances to do equity without contradicting the common law. While the former has waned in the US, the latter has overly strengthened. The reasons of legal culture are discussed.
Lights Hidden Under Bushel's Case, Thomas A. Green
Lights Hidden Under Bushel's Case, Thomas A. Green
Book Chapters
Some forty years ago, Charlie Donahue created a course which he titled "Law, Morals and Society." Designed for undergraduates, and situated among the offerings of the University of Michigan's interdisciplinary Medieval and Renaissance Collegium, the course reflected the approach to doing history that, as this volume recognizes, Charlie has followed throughout his long and enormously influential career as scholar, teacher, lecturer, and inepressible master of well-timed interventions during conference-panel discussion periods. "LMS" was composed of four units. Charlie, who taught two of them, led off with the legal basis for the deposition of Richard II; I followed with the law …
Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen
Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen
Book Chapters
If the Supreme Court mythologizes Blackstone, it is equally true that Blackstone himself was engaged in something of a mythmaking project. Far from a neutral reporter, Blackstone has some stories to tell, in particular the story of the hero law. The problems associated with using the Commentaries as a transparent window on eighteenth-century American legal norms, however, do not make Blackstone’s text irrelevant today. The chapter concludes with my brief reading of the Commentaries as a critical mirror of some twenty-first-century legal and social structures. That analysis draws on a long-term project, in which I am making my way through …
The British Colonial System, Thomas M. Cooley
The British Colonial System, Thomas M. Cooley
Book Chapters
Regarding the subject, Professor Cooley writes: "In a note to the first book of these Commentaries (p.109), the Colonial System of Great Britain is spoken of as the grandest in extent and power that the world has ever known. A more detailed account of the system, and of the countries and places embraced within it, than was given in the place referred to, will justify the statement there made, and at the same time will give us particulars of British Colonial government in all its varieties."
Local Government In The United States, Thomas M. Cooley
Local Government In The United States, Thomas M. Cooley
Book Chapters
Professor Cooley offers the readers of the Commentaries a brief statement regarding laws of the United States in local jurisdictions: "To present completely local government as it exists in the United States would require a volume.... What we shall say, therefore, will be aimed at an explanation of certain general features, which are to be met with in all the states, and of some of the most important peculiarities."
Local Government In Great Britain, Thomas M. Cooley
Local Government In Great Britain, Thomas M. Cooley
Book Chapters
Professor Cooley's brief overview of the subject as context for his editing of the Commentaries: "As the local institutions of Great Britain have very largely been remodeled in our day, it seems desirable to give some brief account of them, as they exist at the present time..."