The Best Edition of this Classic History: A Comprehensive Legal History of England from the Anglo-Saxon Period through the 19th Century. Theodore Frank Thomas Plucknett 1897-1965] received his LL.B. from the University of Cambridge in 1920. He was a Fellow of the British Academy, Professor of Legal History, University of London, and Assistant Professor of Legal History at Harvard University. He was also the author of Early English Legal Literature (1958) and Edward I and Criminal Law (1960). "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate... Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law... In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." --Percy H. Winfield. Harvard Law Review 43 (1929-30) 339-340. " T]his book, comprehensive yet not elementary, clear yet inviting further study on the part of the reader, remains an excellent introduction to legal history and the study of law."-- Harvard Law Review 50 (1937-38) 1012. SELECTED CONTENTS BOOK ONE A General Survey of Legal History Part I The Crown and the State Part II The Courts and the Profession Part III Some Factors in Legal History Book TWO Special Part Part I Procedure Part II Crime and Tort Part III Real Property Part IV Contract Part V Equity Part VI Succession Index

The Best Edition of this Classic History: A Comprehensive Legal History of England from the Anglo-Saxon Period through the 19th Century. Theodore Frank Thomas Plucknett 1897-1965] received his LL.B. from the University of Cambridge in 1920. He was a Fellow of the British Academy, Professor of Legal History, University of London, and Assistant Professor of Legal History at Harvard University. He was also the author of Early English Legal Literature (1958) and Edward I and Criminal Law (1960). "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate... Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law... In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." --Percy H. Winfield. Harvard Law Review 43 (1929-30) 339-340. " T]his book, comprehensive yet not elementary, clear yet inviting further study on the part of the reader, remains an excellent introduction to legal history and the study of law."-- Harvard Law Review 50 (1937-38) 1012. SELECTED CONTENTS BOOK ONE A General Survey of Legal History Part I The Crown and the State Part II The Courts and the Profession Part III Some Factors in Legal History Book TWO Special Part Part I Procedure Part II Crime and Tort Part III Real Property Part IV Contract Part V Equity Part VI Succession Index

Oliver Wendell Holmes, Jr. compiled this master work in 1881 from his famous lectures in Boston on the origins, reasoning, and import of the common law. "The life of the law has not been logic: it has been experience." It jump-started legal realism and established law as a pragmatic way to solve problems and make policy, not just a collection of rules. It has stood the test of time as one of the most important and influential studies of law and the development of legal rules. This book is interesting for a vast audience, and considered one of the most original books on U.S. law, for historians, students, political scientists, and those who follow the concept of rules. It is also a recommended read before law school. A new edition of Holmes' classic study of the judicial development of law. Includes 2010 Foreword by Steven Alan Childress, J.D., Ph.D., law professor at Tulane. Embeds correct footnote numbers and original page numbers for citing. Carefully reproduced from the original book but in a modern, readable format. Quid Pro's Legal Legends Series offers high-quality editions of legal scholarship, in print and digital formats. In addition, each book contains a scholar's new Foreword and biographical summary, to place the work in historical context and explain it to the reader.

A new take on Holmes' classic study of law and judicial development of rules. "The life of the law has not been logic: it has been experience." Annotated throughout with simple clarifications-decoding and demystifying it for the first time-to make it accessible to a new generation of readers. Features new Foreword and extensive notes by Steven Alan Childress, J.D., Ph.D., law professor at Tulane. Includes correct footnote numbers and original page numbers for citing. Contains rare photographs and insightful biographical section as well. As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus law students, lawyers, and anyone wanting to understand his great book. No previous edition has offered annotations. Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started Legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience-including historians, students, and political scientists. It is also an often-recommended read before law school or in the 1L year. High quality edition from Quid Pro's Legal Legends Series. Paperback edition now in its second printing. Also available in hardcover and ebook formats.

A decisive influence on sociological jurisprudence, legal realism and the general development of Anglo-American law in the twentieth century. Rejecting the reigning positivist ethos of the nineteenth century, Holmes proposed that the law was not a science founded on abstract universal principles but a body of practices that responded to particular situations. This functionalist interpretation led to his radical conclusion that law was not discovered, but invented. This theme is announced at the beginning of Lecture I: The life of the law has not been logic: it has been experience. The Common Law was easily the most distinguished book on law by an American published between 1850 and 1900. Lawrence M. Friedman, A History of American Law It is a book of large proportions, from whichever side approached. (...)We cannot close without expressing again our admiration of a book which is so ingenious and so temperate; so rich in learning, thought, argument, and brilliant intuitions. American Law Review Holmes's] brilliant exposition, as effective on English scholarship and legal thinking as on American, of the true nature of law both as a development from the past and an organism of the present, blew fresh air into lawyer's minds encrusted with Blackstone and Kent. Percy Winfield, Chief Sources of English Legal History One of the greatest jurists of the twentieth century, Oliver Wendell Holmes, Jr. 1841-1935] was educated at Harvard College and Harvard Law School. Admitted to the Massachusetts Bar in 1867, he was equally active as a practitioner and scholar. He edited the American Law Review (1870-78), produced an edition of James Kent's Commentaries on American Law (1873) and delivered the lectures that formed the basis of The Common Law. Published in 1881, this book established Holmes's reputation. After teaching briefly at Harvard Law School he was appointed Associate Justice of the Massachusetts Supreme Judicial Court in 1882. Chief Justice of that court from 1899 to 1902, he was then appointed Associate Justice of U.S. Supreme Court, a position he held until the end of his life. Known as The Great Dissenter in the early years of his career because of his frequent opposition to the Court's conservatism, he went on to become of the most influential justices in its history. His opinions are cited frequently today and are highly esteemed for their intellectual depth and elegant composition.

The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century, and rapidly developed in the Enlightenment in the seventeenth and eighteenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasizes that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues. In the twenty-first century, the economic might of the USA and the west often leads toward a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents us from appreciating that, analogous to past colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities. 'Darian-Smith's new book is an example of what is most exciting about new scholarship in the humanities. It works across disciplinary and methodological boundaries in its attempt to deal with one of our most pressing current social problems - determining the consequences of the sometimes violent interaction of race, religion and law in times of social crisis. Darian-Smith explodes the myth of secularism in modern society, and the illusion of post-racialism, in her unblinking analysis of present dilemmas. Once you read this book you will never again think that the western concept of individual rights is sufficient to resolve the contradictions of modern existence. This is a genuinely important step forward in western scholarship' - Stanley Katz, President Emeritus of the American Council of Learned Societies and Professor, Woodrow Wilson School, Princeton University. 'Eve Darian-Smith takes us on an amazing journey covering four centuries that brilliantly illuminates the continuously evolving interplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight landmark 'law moments' that ingeniously show how legal rights are always being subtly shaped by culturally prevailing ideas about religion and race, a process that still goes on in our supposedly 21st century secular world that claims to be free of racism' - Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University. 'In this volume, Eve Darian-Smith offers a passionate, wide-ranging analysis of the complex, historically-vexed relations among religion, race, and rights over the past four plus centuries. The book begins, in 1571, with Martin Luther and ends, at the dawn of the new century, with the discriminatory labor practices of Walmart, the recent crusades of George Bush and his theocons, and the resurgence of religious faith. By way of a well-chosen sequence of 'legal landmarks' - each an historical drama in its own right, each a piece of theater in which judicial processes take center stage - Darian-Smith develops a compelling, complex critique of the law, of its inherent ambiguities, its violence, its possibilities. And its historical entailment in political, economic, social and ethical forces well beyond itself, forces that, repeatedly, have opened up a yawning gap between its ideological (self)representation and the realities of its everyday practice. This is an ambitious work of scholarship, one which, by virtue of brush strokes at once deft and broad, challenges us to understand the legal underpinnings of our world in new ways' - Jon Comaroff, University of Chicago.

Friedrich Julius Stahl was one of Germany's leading constitutional scholars in the 19th century, prior to the advent of Bismarck and the establishment of a united Germany. The Doctrine of State and the Principles of State Law is the centerpiece of his magnum opus, the Philosophy of Law. This is the first English-language translation of this key work of legal and political philosophy. It is written from a Christian and conservative background, but cognizant of and generous toward the liberal mainstream of constitutional opinion that characterized his day. Historians, legal scholars, and philosophical fellow-travelers all will gain greatly by perusing this magnificent yet forgotten work.

Friedrich Julius Stahl was one of Germany's leading constitutional scholars in the 19th century, prior to the advent of Bismarck and the establishment of a united Germany. The Doctrine of State and the Principles of State Law is the centerpiece of his magnum opus, the Philosophy of Law. This is the first English-language translation of this key work of legal and political philosophy. It is written from a Christian and conservative background, but cognizant of and generous toward the liberal mainstream of constitutional opinion that characterized his day. Historians, legal scholars, and philosophical fellow-travelers all will gain greatly by perusing this magnificent yet forgotten work.

Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.

The Common Law is a book about common law in the United states, including torts, property, contracts and crime, written by Supreme Court Justice Oliver Wendell Holmes, Jr. This classic is a must read for anyone wishing to understand American Common Law from an historical perspective. Simply one of the most important books ever written on American Law.

Are you sick and tired of the government interfering with your life? Have you had enough of being railroaded by the system? Have you ever wondered if there really is a way to protect your freedom and your privacy from predatory public servants? Well there is TITLE 4 FLAG SAYS YOU'RE SCHWAG The Sovereign Citizen's Handbook is the ultimate legal self-defense strategy guide If you are looking for the peaceful solution to "the government problem," your quest is complete. If you want to know how to prove your case in court without going to law school, this book will show you how If you are serious and really want to know how to cut "the government" out of your life forever, this book is the essential sovereignty checklist So fire your public pretender and get the latest and greatest version of TITLE 4 FLAG SAYS YOU'RE SCHWAG The Sovereign Citizen's Handbook Dispelling the mystery of law and the legal process. (c)H.I.R.M. J.M. Sovereign: Godsent breaks it down in plain American English, revealing the most coveted secrets of American Law, Litigation, Sovereignty and Personal Privatization "This is the most ground-breaking, easy to understand guide to freedom I have ever read. It's clear, concise, and to the point, and it is no joking matter. This is information that everyone NEEDS to know, right now. You really helped me to understand concepts in different ways, and covered a lot of things that I had overlooked or remained completely unaware of. Excellent research. Thank you for your courage and for sharing your knowledge for the benefit of mankind." - David-William II: Griffin-Author: "The Lucifer Machine" "The book and package is wild and woolly and more engaging and convincing than the overly serious, almost paranoid writings of Abby Hoffman in Steal this Book" - Ron.V. Ph.D. Ret. Director of Special Education Includes special chapter on "Having Ninja Babies" "

Global fresh water scarcity and empirical studies on the bad quality of water in Europe made the Community aware of the need to protect this vital resource. Since water has no frontiers, the Member States decided to endeavour a common approach in its protection. It is the aim of this treatise to show the Community's policy and legislation in water protection, which has been evolving since its origins in the Seventies throughout the last decades. The most ambitious approach which has been undertaken by the Community in this field of law lately, is the Water Framework Directive. Its provisions and its implementation into national law by the Member States (Austria, France) are at the centre of this treatise. Common challenges and the way the Member States deal with them are presented. The common approach results fruitful which is important, since - in the end - a stringent transposition of the existing and future rules set by the Community on behalf of water protection will respond to the claim future generations have on fresh water.

This is the first ever index of contributions to common law Festschriften and fills a serious bibliographic gap in the literature of the common law. The German word Festschrift is now the universally accepted term in the academy for a published collection of legal essays written by several authors to honour a distinguished jurist or to mark a significant legal event. The number of Festschriften honouring common lawyers has increased enormously in the last thirty years. Until now, the numerous scholarly contributions to these volumes have not been adequately indexed. This Index fills that bibliographic gap. The entries included in this work refer to some 296 common law Festschriften indexed by author, subject keyword, editor, title, honorand and date. It therefore includes over 5,000 chapter entries. In addition, there are more than a thousand entries of English language contributions to predominantly foreign language, non-common law legal Festschriften from Germany, Austria, Switzerland, Denmark, Finland, Iceland, Norway and Sweden.

"The Common Law" is a classic work from the great Supreme Court Justice, Oliver Wendell Holmes. In The Common Law, Holmes examines many aspects of the common law giving great attention to the historical perspective and precedence and its influence on modern common law. In this work you will lengthy discussions on several areas of law including: liability, criminal law, torts, contracts, and successions. Extensively annotated, this edition of "The Common Law" will make great reading for any lawyer or student of the law.

The volume is a thoroughly revised edition of the author's book on German Administrative Law which was first published in 1985. From the perspective of a common law jurisdiction the author presents the basic framework of German administrative law, along the lines administrative law is understood in the English speaking world. It covers all the essential elements of German administrative law. It is updated to include the latest developments and the impact of EC law in different spheres.

Many advocates of euthanasia consider the criminal law to be an inappropriate medium to adjudicate the profound ethical and humanitarian dilemmas associated with end of life decisions. Euthanasia, Death with Dignity and the Law examines the legal response to euthanasia and end of life decisions and considers whether legal reform is an appropriate response to calls for euthanasia to be more readily available as a mechanism for providing death with dignity. Through an analysis of consent to treatment, living wills and autonomous medical decision making, euthanasia is carefully located within its legal, medical, and social contexts. This book focuses on the impact of euthanasia on the dignity of both the recipient and the practitioner while emphasizing the legal, professional, and ethical implications of euthanasia and its significance for the exercise of clinical discretion. It will provide a valuable addition to the euthanasia debate.

Judge Richard A. Posner is internationally regarded as a leading exponent and a founding father of the law and economics movement. This volume draws together a selection of his most important papers on the methodology and the theory of law and economics to create a valuable collection for scholars and practitioners in the field. It includes a coherent and informative introduction by Professor Francesco Parisi containing salient insights into Judge Posner's work.Themes explored in this volume include: the economics of common law the criterion of wealth maximization an economic approach to judicial rulemaking the application of finance theory to law the methodology of law and economics. The Economic Structure of the Law draws together Judge Posner's seminal contributions on the methodological foundations of law and economics and will be a valuable reference source for economists, lawyers and judges alike.

An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove the bar to enforcement of promises grounded in the past. This study traces American deviations from English common law doctrine over the past two centuries in developing theories to overcome traditional impediments to recovery presented by the law of prior obligations. It also explores ideas for further reforms found buried in past case law. The growing unease with both the dashing of legitimate consensual expectations and the perceived unfairness to naive, ill-informed, and otherwise disadvantaged parties served as the impetus for liberalization of the exclusive contract bargain test. The resultant reforms adhered to the modern realist emphasis on fairness. The expansion of contractual liability to include promises looking to the past encompasses some of the most important reforms of the consideration contract since its genesis. As a consequence, contractual liability can no longer be defined solely in terms of bargain consideration since contract law now includes a broader range of promissory liability.

Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories.

Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.

This is a broad history of the western European legal tradition. From the modern age the author looks back to a time when Europe had a common law that transcended national and legal boundaries. This common law, which Bellomo calls the ""ius commune"", had developed in the 12th century from the fusion of Roman, canon and feudal law. Existing within the framework of the ""ius commune"" were the local laws or ""iura propria"" - the myriad laws of everyday life, the laws particular to the various kingdoms, principalities, cities, guilds and secular and ecclesiastical corporations. Bellomo illustrates how for centuries the ""ius commune"" permeated every aspect of the ""iura propria"", marking European law indelibly with its stamp. Because the ""iura propria"" emerged from the unifying norms and principles of the ""ius commune"", one can not properly understand local European systems of law without first understanding the ""ius commune"" and its influence on the legal concepts, institutions, procedures, documents, and doctrines of the ""iura propria"". Linking his history to modern day concerns, Bellomo argues that the codification that occurred in European countries during the 18th and 19th centuries has introduced ambiguity, rigidity and uncertainty into legal systems. A new common law for the whole of Europe, he asserts, would provide a much better vehicle for legal change and development in a time when the economic barriers between European nations are crumbling. Bellomo then describes the beginnings of the ""ius commune"" in the schools of the 12th century, discusses the development of Italian, French and German ""iura propria"", and incorporates into the text sketches of the great jurists who gave common law its intellectual vigour. He concludes with an account of the humanist jurists of the 15th, 16th and early 17th centuries.

This collection of essays brings together the author's work on th growth of administrative monarchy in Angevin England, concentrating upon the personnnel of royal government and especially upon the common law courts. It describes the institutions of the English common law during its formative period, including the growth of the jury and of the two central courts, Common Pleas at Westminster and the court following the king, later King's Bench. Another group of essays illustrate the justices' handling of cases coming before the law courts, examining please that touched the king's interest. After a discussion of the authorship of England's first great lawbook, Glanvill, other essays examine the justices, their level of literacy, the conflicts facing the clerics among them in hearing secular cases, and the hostility that they aroused as 'new men' in the king's service from conservative elements in society.

Globally, the methodologies of legal education have not changed in any fundamental way, some methods dating back hundreds of years. Law schools have relied, for too long, on passive learning methods such as lectures or cases. Clinical legal education provides an alternative that is more than just another pedagogical method. It provides a way for students to experience their emerging professional selves, while providing services or projects with poor and underrepresented clients. This book documents both the historical origins of clinical experiments in the earliest days of US university legal education, and the now-global reach of clinical pedagogy as a proven tool for effective training of legal professionals.

The new Liberty Fund edition of "The Selected Writings of Sir Edward Coke" includes selections from the four volumes of the "Institutes" and cases from the "Reports," and several of Coke's speeches in Parliament. Taken together, these writings delineate the origin and nature of the modern common law and indicate the profound interrelationship in the English tradition of custom, common law, authority (of both Crown and Commons), and individual liberty. Coke's great law books and speeches are well represented on Magna Carta, citizenship, habeas corpus, freedom from wrongful search and arrest, the origins of law, judicial review, administrative law, judging, criminal law, the moral obligations of officials, the powers of King, Parliament, church, and the law, property and rights, and the profession and study of law. "The Selected Writings of Sir Edward Coke" is the first anthology of his works ever published.Steve Sheppard is a professor at the School of Law, University of Arkansas. He writes on constitutional history and theory, legal history, property law, and general jurisprudence, and he has edited "The History of Legal Education" (Salem Press, 1998).Click here for a pdf of the "Selected Writings of Sir Edward Coke" brochure

This volume contributes to the codification debate by bringing together research articles which compare and contrast the experience of countries which have a criminal code with those operating a case law system. The articles consider the criticisms that are often made of criminal code systems such as: the implicit restrictions on judicial discretion; the tendency towards inflexibility; the discrepancy that can develop between the theory and the development of the law in practice; and the potential difficulty of a criminal code fitting into a country's domestic socio-legal culture. The advantages of the case law system are also considered such as reliance on the judiciary for the development of the nation's criminal law as well as the ability to legislate on the problems of the day by enacting topical laws for distinct subjects. Whereas wholesale codification is a much more accepted phenomenon in the continental law traditions, simplistic transplants from one legal tradition can result in systemic frictions and other anomalies which may offend domestic culture. This collection is an invaluable reference tool which supports the discussion over codification and promotes better understanding across the common law/civil law divide.