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New analysis and interpretation of law and legal institutions in
the "long eighteenth century". Law and legal institutions were of
huge importance in the governance of Georgian society: legislation
expanded the province of administrative authority out of all
proportion, while the reach of the common law and its communal
traditions of governance diminished, at least outside British North
America. But what did the rule of law mean to eighteenth-century
people, and how did it connect with changing experiences of law in
all their bewildering complexity?This question has received much
recent critical attention, but despite widespread agreement about
Law's significance as a key to unlock so much which was central to
contemporary life, as a whole previous scholarship has only offered
a fragmented picture of the Laws in their social meanings and
actions. Through a broader-brush approach, The British and their
Laws in the Eighteenth Century contributes fresh analyses of law in
England andBritish settler colonies, c. 1680-1830; its expert
contributors consider among other matters the issues of
participation, central-local relations, and the maintenance of
common law traditions in the context of increasing legislative
interventions and grants of statutory administrative powers.
Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA
INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS
KONIG, BRUCE KERCHER
Provides for a new interpretation of the agrarian economy in late
Tudor and early modern Britain. This volume revisits a classic book
by a famous historian: R.H. Tawney's Agrarian Problem in the
Sixteenth Century (1912). Tawney's Agrarian Problem surveyed
landlord-tenant relations in England between 1440 and 1660, the
period of emergent capitalism and rapidly changing property
relations that stands between the end of serfdom and the more
firmly capitalist system of the eighteenth century. This transition
period is widely recognised as crucial to Britain's long term
economic development, laying the foundation for the Industrial
Revolution of the eighteenth century. Remarkably, Tawney's book has
remained the standard text on landlord-tenant relations for over a
century. Here, Tawney's book is re-evaluated by leading experts in
agrarian and legal history, taking its themes as a departure point
to provide for a new interpretation of the agrarian economy in late
Tudor and early modern Britain. The introduction looks at how
Tawney's Agrarian Problem was written, its place in the
historiography of agrarian England and the current state of
research. Survey chapters examine the late medieval period, a
comparison with Scotland, and Tawney's conception of capitalism,
whilst the remaining chapters focus on four issues that were
central to Tawney's arguments: enclosure disputes, the security of
customary tenure; the conversion of customarytenure to leasehold;
and other landlord strategies to raise revenues. The balance of
power between landlords and tenants determined how the wealth of
agrarian England was divided in this crucial period of economic
development - this book reveals how this struggle was played out.
JANE WHITTLE is professor of rural history at Exeter University.
Contributors: Christopher Brooks, Christopher Dyer, Heather Falvey,
Harold Garrett-Goodyear, Julian Goodare, Elizabeth Griffiths,
Jennifer Holt, Briony McDonagh, Jean Morrin, David Ormrod, William
D. Shannon, Jane Whittle, Andy Wood. Foreword by Keith Wrightson
Law, like religion, provided one of the principal discourses
through which early-modern English people conceptualised the world
in which they lived. Transcending traditional boundaries between
social, legal and political history, this innovative and
authoritative study examines the development of legal thought and
practice from the later middle ages through to the outbreak of the
English civil war, and explores the ways in which law mediated and
constituted social and economic relationships within the household,
the community, and the state at all levels. By arguing that English
common law was essentially the creation of the wider community, it
challenges many current assumptions and opens new perspectives
about how early-modern society should be understood. Its
magisterial scope and lucid exposition will make it essential
reading for those interested in subjects ranging from high politics
and constitutional theory to the history of the family, as well as
the history of law.
Law, like religion, provided one of the principal discourses
through which early-modern English people conceptualised the world
in which they lived. Transcending traditional boundaries between
social, legal and political history, this innovative and
authoritative study examines the development of legal thought and
practice from the later middle ages through to the outbreak of the
English civil war, and explores the ways in which law mediated and
constituted social and economic relationships within the household,
the community, and the state at all levels. By arguing that English
common law was essentially the creation of the wider community, it
challenges many current assumptions and opens new perspectives
about how early-modern society should be understood. Its
magisterial scope and lucid exposition will make it essential
reading for those interested in subjects ranging from high politics
and constitutional theory to the history of the family, as well as
the history of law.
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