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This collection brings together a group of international legal
historians to further scholarship in different areas of comparative
and regional legal history. Authors are drawn from Europe, Asia,
and the Americas to produce new insights into the relationship
between law and society across time and space. The book is divided
into three parts: legal history and legal culture across borders,
constitutional experiences in global perspective, and the history
of judicial experiences. The three themes, and the chapters
corresponding to each, provide a balance between public law and
private law topics, and reflect a variety of methodologies, both
empirical and theoretical. The volume highlights the gains that may
be made by comparing the development of law in different countries
and different time periods. The book will be of interest to an
international readership in Legal History, Comparative Law, Law and
Society, and History.
This collection brings together a group of international legal
historians to further scholarship in different areas of comparative
and regional legal history. Authors are drawn from Europe, Asia,
and the Americas to produce new insights into the relationship
between law and society across time and space. The book is divided
into three parts: legal history and legal culture across borders,
constitutional experiences in global perspective, and the history
of judicial experiences. The three themes, and the chapters
corresponding to each, provide a balance between public law and
private law topics, and reflect a variety of methodologies, both
empirical and theoretical. The volume highlights the gains that may
be made by comparing the development of law in different countries
and different time periods. The book will be of interest to an
international readership in Legal History, Comparative Law, Law and
Society, and History.
How the medieval right to appoint a parson helped give birth to
English common law Appointing a parson to the local church
following a vacancy-an "advowson"-was one of the most important
rights in medieval England. The king, the monasteries, and local
landowners all wanted to control advowsons because they meant
political, social, and economic influence. The question of law
turned on who had the superior legal claim to the vacancy-which was
a type of property-at the time the position needed to be filled. In
tracing how these conflicts were resolved, Joshua C. Tate takes a
sharply different view from that of historians who focus only on
questions of land ownership, and he shows that the English needed
new legal contours to address the questions of ownership and
possession that arose from these disputes. Tate argues that the
innovations made necessary by advowson law helped give birth to
modern common law and common law courts.
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