When British authorities established 'settler' colonies in North America and the Antipodes (New Zealand, Australia, South Africa, Fiji) from the early seventeenth to the late nineteenth centuries, they introduced law through parliamentary statutes and Colonial Office oversight, and they dispatched governors and judges to the colonies. These jurists set aside some aspects of English Common Law to meet the special conditions of the settler societies, but the 'Responsible Governments' that were eventually created in the colonies and the British immigrants themselves set aside even more of the English law, exercising 'informal law' - popular norms - in its place. Law and popular norms clashed over a range of issues, including ready access to land, the property rights of aboriginal people. the taking of property for public purposes, master-servant relationships and crown/corporate liability for negligent maintenance and operation of roads, bridges and railways. Drawing on extensive archival and library sources in England, the United States, Canada, Australia and New Zealand, Karsten explores these collisions and arrives at a number of conclusions that will surprise.

Jewish law is a singular legal system that has been evolving for generations. Often conflated with Biblical law or Israeli law, Jewish law needs to be studied in its own right. An Introduction to Jewish Law expounds the general structure of Jewish law and presents the cardinal principles of this religious legal system. An introduction to modern Jewish law as it applies to the daily life of Jews around the world, this volume presents Jewish law in a way that answers all the questions that a student of comparative law would ask when encountering an unfamiliar legal system. Sources of Jewish law such as revelation, rabbinical and communal legislation, judicial decisions, and legal reasoning are defined and analyzed, and the authority of who decides what Jewish law is and why their decisions are binding is investigated.

Customary Law in the Modern World is the study of a coherent and well-established legal system, which is now operating in the context of a modern nation-state and therefore poised between remaining relevant and the threat of marginalization. Focusing on Sudan, the author places customary law in its historical and cultural context, analyzing the fundamental and traditional values that underlie customary law and the impact of the war between the North and the South that lasted intermittently for half a century. He deals with the substance of customary law, covering a wide variety of areas: family law, property law, torts and criminal liability. Drawing on interviews conducted with judges, legislators and practicing lawyers on customary law and its future in the modern context, the book challenges the development of customary law to build on the positives of tradition and the reform of its shortcomings, particularly in the areas of human rights, gender equality and the protection of children. This book fills a gap in the literature on customary law, and will be of great interest to anyone interested in law, anthropology and politics.

The English common lawyers wielded their greatest influence in the late fifteenth and early sixteenth centuries, with names like Fortescue, Littleton and More. In these years they were more than the only organized lay profession: in the infancy of statute, they, more than anyone, shaped and changed the law; they were the managerial elite of the country; they were the single most dynamic group in society. This book is a study of their formative impact on the whole of English life. Part I examines the legal profession, its position, recruitment, training and career structure, taking as an example the career of Thomas Kebell, a serjeant at-law from Leicestershire, for whom documentation is unusually complete. Part II analyses legal practice: how the lawyer acquired and kept clients, his relationship with them, the pattern of employment, the nature of practice as revealed in the year books, and the attitudes and approaches of the lawyer to the law. The third part considers the impact of the lawyers on substantive law and legal organization.

Greeks wrote mostly on papyrus, but the Romans wrote solemn religious, public and legal documents on wooden tablets often coated with wax. This book investigates the historical significance of this resonant form of writing; its power to order the human realm and cosmos and to make documents efficacious; its role in court; the uneven spread - an aspect of Romanization - of this Roman form outside Italy, as provincials made different guesses as to what would please their Roman overlords; and its influence on the evolution of Roman law. An historical epoch of Roman legal transactions without writing is revealed as a juristic myth of origins. Roman legal documents on tablets are the ancestors of today's dispositive legal documents - the document as the act itself. In a world where knowledge of the Roman law was scarce - and enforcers scarcer - the Roman law drew its authority from a wider world of belief.

The number one best-selling legal skills guide, covering all the practical and academic skills a student needs throughout their studies. Legal Skills is the essential text for students new to law, helping them make the transition from secondary education and equipping them with the skills they need to succeed from the beginning of their degree, through to final-year exams and dissertations. · Written in an accessible and friendly style, structured in three parts: Sources of Law, Academic Legal Skills, and Practical Legal Skills · Self-test questions and practical activities throughout allow students to take a hands-on approach to learning a wide range of legal skills · Diagrams, screenshots and examples used frequently to illustrate key concepts · New chapter on drafting skills, introducing writing skills necessary in legal practice · New 'skills beyond study' feature which helps students identify the transferability of legal skills · Updated coverage of the impact of Brexit and retained EU law · New section on taking care of yourself during the assessment period and how to find support for mental health and accessibility · Videos on presentation, mooting, and negotiation refreshed Digital formats and resources The ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with embedded self-assessment activities, and multi-media content including a series of supportive videos and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The study tools that enhance the e-book are all also available as stand-alone online resources for use alongside the print book. They include answers to the self-test questions and practical exercises from the book, and a glossary of all the keywords and terms used. There is also an extensive range of videos with guidance on topics from what to expect from lectures and tutorials, how to research for essays and structure problem questions, to examples of good and bad practice in mooting and negotiations.

This volume in the landmark Oxford History of the Laws of England series, spans three centuries that encompassed the tumultuous years of the Norman conquest, and during which the common law as we know it today began to emerge. The first full-length treatment of all aspects of the early development of the English common law in a century, featuring extensive research into the original sources that bring the era to life, and providing an interpretative account, a detailed subject analysis, and fascinating glimpses into medieval disputes. Starting with King Alfred (871-899), this book examines the particular contributions of the Anglo-Saxon period to the development of English law, including the development of a powerful machinery of royal government, significant aspects of a long-lasting court structure, and important elements of law relating to theft and violence. Until the reign of King Stephen (1135-54), these Anglo-Saxon contributions were maintained by the Norman rulers, whilst the Conquest of 1066 led to the development of key aspects of landholding that were to have a continuing effect on the emerging common law. The Angevin period saw the establishment of more routine royal administration of justice, closer links between central government and individuals in the localities, and growing bureaucratization. Finally, the later twelfth and earlier thirteenth century saw influential changes in legal expertise. The book concludes with the rebellion against King John in 1215 and the production of the Magna Carta. Laying out in exhaustive detail the origins of the English common law through the ninth to the early thirteenth centuries, this book will be essential reading for all legal historians and a vital work of reference for academics, students, and practitioners.

Roman Law, since its earliest days of the XII Tables, to the Justinian code over one thousand years later, is arguably the most influential body of law ever developed, remaining at the core of European legal systems until the end of the eighteenth century and informing the civil law and (to a lesser extent) the common law to this day. The first edition of Peter Buckland's classic textbook on the subject was published in 1921. Professor Peter Stein's revised third edition published in 1963 updated the original so that it reflected Professor Buckland's own later thoughts on the subject until his death in 1945. This revised edition examines the law of the Empire (or classical law) and also tracks later developments, including the legislation of Justinian. It is primarily concerned with the law but historical developments are also kept in view, so as to give the student the broadest perspective on the subject.

W M Gordon, who retired from the Douglas Chair of Civil Law at the University of Glasgow in 1999, is well-known for his distinguished contribution to Roman law, legal history and land law.? He is the author of several books in these subject areas, but it is a mark of his international eminence that much of his prolific output has been published in a wide variety of journals and essay collections outside, as well as within, the UK.? This important new collection draws together in an accessible format much of his most important writing and, as such, will be in indispensable purchase for all those interested in these core areas of legal scholarship.

Over the last ten years mobile payment systems have revolutionised banking in some countries in Africa. In Kenya the introduction of M-Pesa, a new financial services model, has transformed the banking and financial services industry. Giving the unbanked majority access to the financial services market it has attracted over 18 million subscribers which is remarkable given that fewer than 4 million people in Kenya have bank accounts. This book addresses the legal and regulatory issues arising out of the introduction of M-Pesa in Kenya and its drive towards financial inclusion. It considers the interaction between regulation and technological innovation with a particular focus on the regulatory tools, institutional arrangements and government decisional processes through the examination as a whole of its regulatory capacity. This is done with a view to understanding the regulatory capacity of Kenya in addressing the vulnerabilities presented by technological innovation in the financial industry for consumers after financial inclusion. It also examines the way that mobile payments have been regulated by criticising the piecemeal approach that the Central Bank of Kenya has taken in addressing the legal and regulatory issues presented by mobile payments. The book argues there are significant gaps in the regulatory regime of mobile banking in Kenya.

In this book, legal scholars, philosophers, historians and political scientists from Australia, Canada, New Zealand, the United Kingdom and the United States analyze the common law through three of its classic themes: rules, reasoning and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process and structure. It will be valuable to lawyers, philosophers, political scientists and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts and the relationship of the common law tradition to other legal systems of the world.

Natural law theory has been undergoing a revival, especially in political philosophy and jurisprudence. Yet, most fundamentally, natural law theory is not a political theory, but a moral theory, or more accurately a theory of practical rationality. According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action and to explain how choice between actions worth performing can be appropriately governed by rational standards. These standards are justified by reference to features of the human goods that are the fundamental reasons for action. This book is a defence of a contemporary natural law theory of practical rationality, demonstrating its inherent plausibility and engaging systematically with rival egoist, consequentialist, Kantian and virtue accounts.

The dominant and deceptively simple theme of this book is the relationship between the moral environment of the courtroom and that of the society in which the court is situated. Like other Past and Present conference proceedings, the volume ranges widely across time and space, from ancient Greece to twentieth-century Africa. As a consequence, it encompasses not only the highly professional legal systems of the Roman, later medieval and modern worlds, but also the relatively unprofessionalized courts of classical Athens and of the early Middle Ages and the alien, imposed legal systems of colonial Rhodesia and Kenya. The Moral World of the Law is based upon papers delivered at the conference of that name, sponsored by the journal Past and Present and held at the University of Birmingham in 1996.

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.

Economic Principles of Law, first published in 2007, applies economics to the doctrines, rules and remedies of the common law. In plain English and using non-technical analysis, it offers an introduction and exposition of the 'economic approach' to law - one of the most exciting and vibrant fields of legal scholarship and applied economics. Beginning with a brief history of the field, it sets out the basic economic concepts useful to lawyers, and applies these to assess the core areas of the common law - property, contract, tort and crime - with particular emphasis on their doctrinal structure and remedies. This is done using leading cases drawn from the birthplace of the common law (England & Wales) and other common law jurisdictions. The book serves as a primer to the wider use of economics which has become increasingly important for law students, lawyers, legislators, regulators and those concerned with our legal system generally.

Combining socio-legal and ethnohistorical studies, this book presents the history of doodem, or clan identification markings, left by Anishinaabe on treaties and other legal documents from the seventeenth through the nineteenth centuries. These doodems reflected fundamental principles behind Anishinaabe governance that were often ignored by Europeans, who referred to Indigenous polities in terms of tribe, nation, band, or village - classifications that failed to fully encompass longstanding cultural traditions of political authority within Anishinaabe society. Making creative use of natural history, treaty pictographs, and the Ojibwe language as an analytical tool, Doodem and Council Fire delivers groundbreaking insights into Anishinaabe law. The author asks not only what these doodem markings indicate, but what they may also reveal through their exclusions. The book also outlines the continuities, changes, and innovations in Anishinaabe governance through the concept of council fires and the alliances between them. Original and path-breaking, Doodem and Council Fire offers a fresh approach to Indigenous history, presenting a new interpretation grounded in a deep understanding of the nuances and distinctiveness of Anishinaabe culture and Indigenous traditions.

The Democratic Courthouse examines how changing understandings of the relationship between government and the governed came to be reflected in the buildings designed to house the modern legal system from the 1970s to the present day in England and Wales. The book explores the extent to which egalitarian ideals and the pursuit of new social and economic rights altered existing hierarchies and expectations about how people should interact with each other in the courthouse. Drawing on extensive public archives and private archives kept by the Ministry of Justice, but also using case studies from other jurisdictions, the book details how civil servants, judges, lawyers, architects, engineers and security experts have talked about courthouses and the people that populate them. In doing so, it uncovers a changing history of ideas about how the competing goals of transparency, majesty, participation, security, fairness and authority have been achieved, and the extent to which aspirations towards equality and participation have been realised in physical form. As this book demonstrates, the power of architecture to frame attitudes and expectations of the justice system is much more than an aesthetic or theoretical nicety. Legal subjects live in a world in which the configuration of space, the cues provided about behaviour by the built form and the way in which justice is symbolised play a crucial, but largely unacknowledged, role in creating meaning and constituting legal identities and rights to participate in the civic sphere. Key to understanding the modern-day courthouse, this book will be of interest to scholars and students in all fields of law, architecture, sociology, political science, psychology and criminology.

In The Roman Law Tradition an international team of distinguished legal scholars explores the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world. Roman Law began as the local law of a small Italian city. It grew to dominate the legal relationships of the Mediterranean basin for the first five hundred years of our era. The revival of its study in the medieval universities led to its influencing the subsequent development of the legal system of western Europe and thereafter those parts of the rest of the World colonized from Europe. Roman legal ideas penetrated procedure as well as the substance of law and assisted the process of harmonization and codification of local customary laws. Techniques of legal reasoning which first emerge in Rome continue in daily use. Roman law was also of immense significance in the emergence of modern political thought.

The Democratic Courthouse examines how changing understandings of the relationship between government and the governed came to be reflected in the buildings designed to house the modern legal system from the 1970s to the present day in England and Wales. The book explores the extent to which egalitarian ideals and the pursuit of new social and economic rights altered existing hierarchies and expectations about how people should interact with each other in the courthouse. Drawing on extensive public archives and private archives kept by the Ministry of Justice, but also using case studies from other jurisdictions, the book details how civil servants, judges, lawyers, architects, engineers and security experts have talked about courthouses and the people that populate them. In doing so, it uncovers a changing history of ideas about how the competing goals of transparency, majesty, participation, security, fairness and authority have been achieved, and the extent to which aspirations towards equality and participation have been realised in physical form. As this book demonstrates, the power of architecture to frame attitudes and expectations of the justice system is much more than an aesthetic or theoretical nicety. Legal subjects live in a world in which the configuration of space, the cues provided about behaviour by the built form and the way in which justice is symbolised play a crucial, but largely unacknowledged, role in creating meaning and constituting legal identities and rights to participate in the civic sphere. Key to understanding the modern-day courthouse, this book will be of interest to scholars and students in all fields of law, architecture, sociology, political science, psychology and criminology.

A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions what, if anything, can legitimate state exercises of coercive force? What is coercion in politics and law? and essays that take a first or nearly first look at newer questions may the state coercively hold certain terrorists indefinitely? Does the state coerce those seeking to join in same-sex marriage when it refuses to extend legal recognition to same-sex marriage? Can there be a just international order without some agency possessed of the final and rightful authority to coerce states? Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion."

The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the common law, yet they have never previously been studied as a general phenomenon. Until the nineteenth century, the common laws of Europe lived in constant interaction with the particular laws which prevailed in their territories, and with one another. Common law was the main instrument of conciliation of laws which were drawn from different sources, though applicable on a given territory. Claims of universality could be, and were, reconciled with claims of particularity. Nineteenth and twentieth century legal theory taught that law was the exclusive product of the state, yet common laws continued to function on a world-wide basis throughout the entire period of legal nationalism. As national legal exclusivity is increasingly challenged by the process of globalization, the concept of common law can be looked to once again as a means of conceptualization and justification of law beyond the state, while still supporting state and other local forms of normativity.

Modern accounts of how the classical Romans sued each other tend to show the opponents willingly working together under the guidance of a magistrate, until their case was ready for trial. The parties found a convenient time to make their first appearance, at which time they decided on the details of their case, selected a judge, and received permission to go to trial. If any delay were necessary, the magistrate helped the parties in their arrangements to return. This picture is unrealistic: it presumes a high degree of cooperation between the parties, the personal stewardship of a magistrate, and the ready availability of a judge. This accepted picture emerged over time from a tiny amount of evidence. Justinian had no interest in preserving evidence on classical procedure, and subsequent generations of jurists often did not regard rules of procedure as worthy of interest. Recent years, however, have brought a flood of new evidence on classical Roman legal procedure. Metzger examines this evidence, painting a picture of litigation that is far less polite and far less orderly. He examines how the rules of procedure coped with the typical pretrial delays that the Roman system, and indeed any legal system, faces.

This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.

This book offers a radical challenge to all existing accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering fresh and original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.

This book offers a radical challenge to all existing accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering fresh and original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.