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As always during its long history, English common law, upon which
American law is based, has had to defend itself against the
challenge of civil law's clarity and traditions. That challenge to
our common law heritage remains today. To that end, Liberty Fund
now makes available a clear and candid discussion of common law. "A
Concise History of the Common Law" provides a source for common-law
understanding of individual rights, not in theory only, but
protected through the confusing and messy evolution of courts, and
their administration as they struggled to resolve real problems.
Plucknett's seminal work is intended to convey a sense of
historical development - not to serve merely as a work of
reference. The first half of the book is a historical introduction
to the study of law. Plucknett discusses the conditions in
political, economic, social, and religious thought that have
contributed to the genesis of law. This section is a brief but
astoundingly full introduction to the study of law. The second half
of the book consists of chapters introducing the reader to the
history of some of the main divisions of law, such as criminal,
tort, property, contract, and succession. These topics are treated
with careful exposition so that the book will be of interest to
those just embarking on their quest in legal history while still
providing enough substantial information, references, and footnotes
to make it meaningful for the well-versed legal history reader.
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
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
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 InterpretationArrangement 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
Originally published in 1922, this book examines legal statutes and
their interpretation in English courts during the reigns of Edward
I, Edward II and Edward III. Distinguished legal historian Theodore
Plucknett presents problems such as mistranslations, ignorance
among lawyers and, in some instances, outright refusal by the
courts to enforce certain statutes, and how these errors in
enforcement changed the role of the government in lawmaking and
legal practice. This book will be of value to anyone with an
interest in British legal history.
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