An important book by a preeminent scholar of English legal
historyUsing evidence drawn from the Year Books from 20 Edw. I to
20 Edw. III Plucknett analyzes the nature of early statutes as seen
in the rules for their construction and their use in court. He
shows that the early statutes were more legislative than
declaratory, and were treated as such by the courts. "This is an
essay of absorbing interest and of great value to historians of the
law. Every page shows not only immense industry, but sound
learning." --Law Quarterly Review 39:138-139Theodore F. T.
Plucknett 1897-1965] was a Fellow of the British Academy, Professor
of Legal History in the University of London and author of A
Concise History of the Common Law (1929).CONTENTSGeneral Preface by
H.D. HazeltineAuthor's PrefaceTable of StatutesTable of Year Book
CasesSourcesList of IncipitsIntroduction. The Problem and the
EvidencePART I. Legislation and Legal thought in the Early
Fourteenth CenturyThe Scope of the DiscussionCHAP. I. Origins and
Early Forms of Written LawCHAP. II. Text and TranslationCHAP. III.
The Legislature and its PlaceCHAP. IV. Statutes and the Common
LawCHAP. V. Statutes and OrdinancesCHAP. VI. Legal ThoughtPART II.
Examples of Interpretation Arrangement and GroupingCHAP. I. General
Words and Literal ConstructionCHAP. II. The Intention of the
LegislatureCHAP. III. "Exceptions out of the Statute"CHAP. IV.
Refusal of the Courts to Apply StatutesCHAP. V. Extension of the
Words of a StatuteCHAP. VI. Strict InterpretationCHAP. VII.
Conflict of StatutesCHAP. VIII. Ignorance of Statutes among
Contemporary LawyersCHAP. IX. The Retrospective Effect of
StatutesCHAP. X.Judicial DiscretionCHAP. XI.Statutes and the Common
LawCHAP. XII.Statutes and the Royal PrerogativeCHAP. XIII.Statutory
WritsCHAP. XIV.The Interpretation of Particular
StatutesConclusionAPPENDIX I. Texts of StatutesAPPENDIX II. Select
CasesIndex
General
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