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Authors: J. H. Baker
ISBN-13: 9780406930538, ISBN-10: 0406930538
Format: Paperback
Publisher: Oxford University Press, USA
Date Published: May 2002
Edition: 4th Edition
St Catharine's College, Cambridge
This book traces, in outline, the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present. The Introduction has become a standard work on the subject. It has now been updated and improved in consequence of the rapid pace of research in legal history over recent years, which has made this new edition a necessity.
Preface | ||
Table of Statutes | ||
Table of Cases | ||
Kings and Queens of England since 1066 | ||
Table of Abbreviations | ||
1 | Law and Custom in Early Britain | 1 |
'Communal' Justice | 3 | |
From Communal to Personal Authority | 8 | |
2 | Origins of the Common Law | 12 |
Regional an Itinerant Royal Justice | 14 | |
Central Royal Justice | 17 | |
Effects on Local Justice | 22 | |
The Boundaries of English Law | 27 | |
3 | The Superior Courts of Common Law | 37 |
The Resurgence of the King's Bench | 41 | |
The Exchequer of Pleas | 47 | |
Uniformity and Abolition | 49 | |
4 | The Forms of Action | 53 |
Originating an Action | 53 | |
Types of Original Writ | 57 | |
Judicial Writs | 64 | |
End of the Forms of Action | 67 | |
5 | The Jury and Pleading | 71 |
From 'Proof' to 'Trial' | 72 | |
Medieval Pleading and Legal Development | 76 | |
The System Transformed | 81 | |
Decline of the Common-Law System | 86 | |
End of the Common-Law System | 90 | |
6 | The Court of Chancery and Equity | 97 |
The Chancery | 99 | |
Law and Equity | 105 | |
Practical Defects of the later Chancery | 111 | |
Reform and Abolition | 113 | |
7 | The Conciliar Courts | 117 |
The Court of Star Chamber | 117 | |
The Court of Requests | 119 | |
Regional Conciliar and Equity Courts | 121 | |
The Courts of the Admiral and Marshal | 122 | |
8 | The Ecclesiastical Courts | 126 |
Effect of the Reformation | 130 | |
9 | Judicial Review of Decisions | 135 |
Proceedings in Error | 136 | |
Development of the Appeal | 138 | |
The Prerogative Writs | 143 | |
Administrative Law | 151 | |
10 | The Legal Profession | 155 |
The Medieval Profession | 156 | |
The New Profession | 162 | |
The Judiciary | 165 | |
Civilian Advocates | 169 | |
Legal Education in the Universities | 170 | |
11 | Legal Literature | 175 |
Glanvill and Bracton | 175 | |
Formularies | 177 | |
Reports of Cases | 178 | |
Treatises | 186 | |
12 | Law Making | 195 |
The Common Law | 196 | |
Equity and Legal Change | 202 | |
Legislation | 204 | |
Law Reform Movements | 212 | |
13 | Real Property: Feudal Tenure | 223 |
Tenure | 223 | |
Feudalism and Land Ownership | 229 | |
The Lord's Rights at Common Law | 237 | |
Table B | Types of property | 246 |
Table C | Types of tenure | 247 |
14 | Real Property: Feudalism and Uses | 248 |
Effect on Feudal Law | 252 | |
15 | Real Property: Inheritance and Estates | 259 |
Alienation | 260 | |
The Law of Inheritance | 265 | |
Provision for Spouses and New Families | 269 | |
Reversions and Remainders | 274 | |
Table D | Estates in land | 279 |
Table E | Modes of conveying real property | 279 |
16 | Real Property: Family Settlements | 280 |
Remainders and Executory Interests | 284 | |
Powers | 289 | |
Trusts | 290 | |
The Strict Settlement | 293 | |
17 | Other Interests in Land | 298 |
The Term of Years | 298 | |
Tenancy at Will | 306 | |
Villein Tenure and Copyhold | 307 | |
The Trust as an Interest in Land | 309 | |
Mortgages | 311 | |
18 | Contract: Covenant and Debt | 317 |
The Action of Covenant | 318 | |
The Action of Debt | 321 | |
Gaps in the Medieval Law | 326 | |
19 | Contract: Assumpsit and Deceit | 329 |
Breach of Covenant as Trespass | 329 | |
Assumpsit for Nonfeasance | 333 | |
Assumpsit in Lieu of Debt | 341 | |
20 | Contract: Some Later Developments | 347 |
Elaboration of Contract Law | 350 | |
Privity | 353 | |
Contractual Terms | 355 | |
21 | Quasi-Contract | 362 |
The Action of Account | 363 | |
Actions on the Case | 365 | |
Indebitatus Assumpsit | 368 | |
A General Principle | 375 | |
22 | Property in Chattels Personal | 379 |
Modes of Transfer | 383 | |
Termination of Private Property in Chattels | 387 | |
Interests in Chattels | 389 | |
Early Restitutionary Proceedings | 390 | |
Detinue | 391 | |
Trespass and Case for Chattels | 394 | |
Trover and Conversion | 397 | |
23 | Negligence | 401 |
Trespass Vi et Armis and Negligence | 402 | |
Actions on the Case for Negligence | 406 | |
The Tort of Negligence | 409 | |
24 | Nuisance | 422 |
Remedies of Nuisance | 422 | |
Isolated Occurrences | 432 | |
Common or Public Nuisances | 433 | |
25 | Defamation | 436 |
Actions on the Case for Words | 438 | |
Attempts to Abate the Flood of Actions | 440 | |
The Scope of Defamation | 443 | |
Libel | 445 | |
26 | Economic Torts | 448 |
Monopolies | 449 | |
Domestic Relationships | 454 | |
Unfair or Deceptive Competition | 458 | |
Intimidation and Conspiracy | 459 | |
27 | Persons: Status and Liberty | 466 |
Villein Status | 468 | |
Freedom from Arbitrary Imprisonment | 472 | |
Colonial Slavery and the English Courts | 475 | |
28 | Persons: Marriage and its Consequences | 479 |
The Law of Marriage | 479 | |
Unity of Person | 483 | |
Bastardy | 489 | |
Divorce | 490 | |
29 | Pleas of the Crown: Criminal Procedure | 500 |
The Initiation of Criminal Proceedings | 502 | |
The Trial | 507 | |
The Avoidance or Mitigation of Punishment | 512 | |
30 | Pleas of the Crown: The Substantive Criminal Law | 521 |
Criminal Responsibility | 523 | |
Degrees of Participation | 525 | |
Some Particular Offences | 526 | |
App. I | Specimen Writs | 539 |
App. II | Specimen Entries | 554 |
Index | 563 |