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Articles 31 - 60 of 100
Full-Text Articles in Legal History
Law's Territory (A History Of Jurisdiction), Richard T. Ford
Law's Territory (A History Of Jurisdiction), Richard T. Ford
Michigan Law Review
Pop quiz: New York City. The United Kingdom. The East Bay Area Municipal Utilities District. Kwazulu, South Africa. The Cathedral of Notre Dame. The State of California. Vatican City. Switzerland. The American Embassy in the U.S.S.R. What do the foregoing items have in common? Answer: they are, or were, all territorial jurisdictions. A thesis of this Article is that territorial jurisdictions - the rigidly mapped territories within which formally defined legal powers are exercised by formally organized governmental institutions - are relatively new and intuitively surprising technological developments. New, because until the development of modern cartography, legal authority generally followed …
Enlightenment, Donald J. Herzog
Enlightenment, Donald J. Herzog
Articles
It's a curious broadside, a work of austere graphics and polite prose far removed from the mischievous engravings and bawdy ballads usually appearing on such sheets. Drawn from an address that 345 printers had signed and 138 had presented to the queen, the original text was committed to parchment "and accompanied by a Copy surperbly printed on white Satin, edged with white Silk Fringe, backed with purple Satin, and mounted in an Ivory Roller with appropriate Devices." Even in the published version, the arch is full of intricately detailed work. The printers took pride in their craftmanship: "This Specimen of …
Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog
Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog
Reviews
In the 1960s, Quentin Skinner wrote a series of polemical if terse papers arguing that the conventional approach to the history of political theory was confused. Using Hobbes as something of a vehicle for his position, Skinner enunciated what is now well known as the "Cambridge" approach to political theory. He urged that we situate authors in their intellectual contexts so that we can isolate what is distinctive, perhaps subversive, in their use of language: only then, he argued, can we have any valid historical understanding on what they are doing in writing these weird books in the first place. …
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Michigan Law Review
A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868
The Trouble With Hairdressers, Donald J. Herzog
The Trouble With Hairdressers, Donald J. Herzog
Articles
Why should hairdressers, of all unlikely candidates, have come to exemplify equality, to be a cultural obsession of sort? Suffice it to say that hairdressers happened to occupy a social position that made it possible to demonize them.
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
Michigan Law Review
A Review of English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law by Robert C. Palmer
Executive Detention In Time Of War, Richard A. Posner
Executive Detention In Time Of War, Richard A. Posner
Michigan Law Review
A Review of In the Highest Degree Odious: Detention Without Trial in Wartime Britain by A.W. Brian Simpson
Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green
Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green
Reviews
Edward Powell's splendid study of Henry V's strategy for keeping peace among magnate and gentry factions represents an important contribution to the history of criminal justice. After providing a panoramic view of the machinery of criminal justice, Powell analyzes the extent to which that machinery was effective as between the Crown, at the center, and the upper echelons of society in the provinces. His conclusion, not surprisingly, is that the regular processes of common-law criminal administration could not easily be deployed at those levels. But Powell does not let the matter drop there. Kingship, Law, and Society presents a lucid …
From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham
From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham
Michigan Law Review
A Review of The Province of Legislation Determined: Legal Theory in Eighteenth Century Britain by David Lieberman
Justice, Mercy, And Late Medieval Governance, Pat Mccune
Justice, Mercy, And Late Medieval Governance, Pat Mccune
Michigan Law Review
A Review of Kingship, Law, and Society: Criminal Justice in the Reign of Henry V by Edward Powell
Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher
Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher
Michigan Law Review
A Review of Transfers of Property in Eleventh-Century Norman Law by Emily Zack Tabuteau
The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski
The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski
Michigan Journal of International Law
This article is intended only to be introductory. The author is quite aware that the period surrounding the creation of the American Constitution has been profoundly studied; thorough analysis has been provided concerning both the origin and historical development of the American Constitution, as well as the intellectual background of the "founding generation." Characteristically, these studies have focused on the "American constitutional tradition," which means that they have been limited to little more than two centuries of colonial experience. This essay follows a different vein of inquiry. The author's purpose is not to add another article to the numerous works …
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
Book Chapters
My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …
Crime And The Courts In England 1660-1800, Frank C. Shaw
Crime And The Courts In England 1660-1800, Frank C. Shaw
Michigan Law Review
A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Michigan Law Review
A Review of Verdict According to Conscience by Thomas Andrew Green
A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson
A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson
Scholarly Works
In this paper I want to look at four approaches to deciding a case in different societies-contemporary England, uncodified civil or 'mixed' law systems (with an example from 17th century Scot-land and another from early 20th century South Africa), 19th century France after codification, 15th century Germany with a glance at 13th and 14th century Spain-where the attempt is made each time to reach the correct decision by applying the mental process thought most appropriate. None of the approaches examined here is result-oriented, and to outsiders, especially to lawyers brought up in a different legal culture, the mental process seems …
Their Litigious Society, A.W. Brian Simpson
Their Litigious Society, A.W. Brian Simpson
Michigan Law Review
A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer
Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green
Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green
Books
This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …
Virtues And Vices In Practical Legal Education: Address Given On The Occasion Of The 1985 Commencement Of The Dickinson School Of Law, Charles A. Morrison Q.C.
Virtues And Vices In Practical Legal Education: Address Given On The Occasion Of The 1985 Commencement Of The Dickinson School Of Law, Charles A. Morrison Q.C.
Penn State International Law Review (1982 - 2011)
This Article is the Commencement Address given to the Class of 1985 at Dickinson Law School.
English Common Law In Virgina, William Hamilton Bryson
English Common Law In Virgina, William Hamilton Bryson
Law Faculty Publications
By statute the common law of England is the basis of the common law of modern Virginia. This reception statute refers to the customary, unwritten law of the kingdom of England, but only that part which was general and common to all parts of England. That the English common law is the foundation of the law of Virginia is a matter not merely of a modern statute but also of history and reason.
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
Book Chapters
The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …
The Medieval English County Court, Stephen D. White
The Medieval English County Court, Stephen D. White
Michigan Law Review
A Review of The County Courts of Medieval England, 1150-1350 by Robert C. Palmer
The Abolition Of The Forms Of Action In Virginia, William Hamilton Bryson
The Abolition Of The Forms Of Action In Virginia, William Hamilton Bryson
Law Faculty Publications
The common law procedure for initiating actions at law in the English courts required a plaintiff to obtain a writ invoking the jurisdiction of the court and to file a declaration setting forth the facts that justified instigation of the suit and established the cause of the action. This clumsy and archaic system of litigation was abolished by a single chop of the legislative guillotine in New York in 1848. England followed suit in 1875, and the United States federal courts in 1938. Writs and declarations were replaced by simple forms which were copied from the practice of the equity …
The Feudal Framework Of English Law, Robert C. Palmer
The Feudal Framework Of English Law, Robert C. Palmer
Michigan Law Review
A Review of The Legal Framework of English Feudalism by S.F.C, Milsom
Social Research And The Use Of Medieval Criminal Records, Edward Powell
Social Research And The Use Of Medieval Criminal Records, Edward Powell
Michigan Law Review
A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt
Review Of Wiltshire Gaol Delivery And Trailbaston Trials, 1275-1306, Thomas A. Green
Review Of Wiltshire Gaol Delivery And Trailbaston Trials, 1275-1306, Thomas A. Green
Reviews
Ralph B. Pugh's handsome edition of Wiltshire gaol delivery and trailbaston trial rolls for the reign of Edward I provides a valuable resource for scholars of medieval crime and criminal law. The period covered bridges the era of the infrequent general eyres and that of the frequent circuits to try those being held on criminal charges. This transition period saw the development of various institutions and procedures designed to deal with a decline in social stability and an increase in criminal activity. To date, most scholarship has focused either on the workings of the mid-thirteenth- century eyre or on the …
What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.
What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.
Michigan Law Review
Categorizing broadly, the marital property systems of the Western nations today are divided into two types: those in which husband and wife own all property separately except those items that they have expressly agreed to hold jointly (in a nontechnical sense) and those in which husband and wife own a substantial portion or even all of their property jointly unless they have expressly agreed to hold it separately. The system of separate property is the "common law" system, in force in most jurisdictions where the Anglo-American common law is in force. The system of joint property is the community property …
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
Michigan Law Review
A Review of The Cardinal's Court: The Impact of Thomas Wolsey in Star Chamber by John A. Guy
Review Of Crime In England, 1550-1800, Thomas A. Green
Review Of Crime In England, 1550-1800, Thomas A. Green
Reviews
Crime in England, 1550-1800, is the second collection of essays on the social history of crime and the criminal law in early modern England to appear in recent years. Together with the essays in Albion's Fatal Tree (1975),' these offerings advance our knowledge of the subject considerably. To be sure, as G. R. Elton cautions, there are methodological problems in a field so new, and Elton's "Introduction" will serve as an excellent starting point for readers concerned with such matters. We must nevertheless recognize the accomplishments of the new school of socio-legal historians. The essays in this volume deal with …
Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green
Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green
Reviews
JAMES GIVEN has produced the first systematic book-length treatment of the sociology of medieval English crime. His work does not pretend to be comprehensive: it deals only with homicide. Nor does it cover more than a century, the thirteenth; the author has wisely left the earlier system of criminal law, based on private compensation, to other scholars, and he says just enough about late thirteenth- and early fourteenth- century social and legal change to suggest he believes that that period, too, must await its own interpretation. Still, the social history of homicide in the thirteenth century proves itself fascinating terrain, …