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First published in 1981, Lawyers in Early Modern Europe and America
aims to present a convenient conspectus on the legal professions in
early modern Europe, Scotland, France Spain and Colonial America,
and to provide a comparative perspective on the place of the legal
profession in Western societies before the Industrial Revolution.
The main themes covered by each contributor are: the status, number
and vocational functions of the different classes or groups or
lawyers; their social origins; education and career patterns;
relations between lawyers and clients, other occupations and
status-groups and the state; the extent of legal
‘professionalisation’ and the role of lawyers as
‘modernisers’ in cultural, economic, political and social
terms. This book will be of interest to students of history, law
and political science.
First published in 1987, The Professions in Early Modern England
highlights the significant role of professional and
quasi-professional occupations in English society before the
industrial revolution, contrary to what was once historiographical
and sociological orthodoxy. The editorial introduction provides an
overview of the history of the professions as a distinct field of
scholarly investigation, suggesting that neither historians nor
social theorists have adequately mapped or explained the rise of
the professions to their present place in modern societies. The
following chapters bring together original contributions by
researchers who have made a close study of various occupational
groups over the period c. 1500-1750. Besides the traditional
learned professions and their practitioners in the church, medicine
and the law, they survey occupations generally lacking
institutional coherence: school teachers, estate stewards and those
following the profession of arms. This book remains of interest to
students of history, literature and sociology.
Among the most celebrated works in the Anglo-American legal
tradition, William Blackstone's Commentaries on the Laws of England
(1765-9) is currently attracting renewed scholarly interest. Whilst
the Commentaries no longer dominate legal education, they continue
to be regularly cited in superior courts throughout the common law
world, besides providing a remarkably comprehensive account of
public and private law in England on the cusp of the Industrial
Revolution. The life and character of Blackstone himself, the
nature and sources of his jurisprudence and the impact of his great
book are the main themes of the collection. Individual essays treat
Blackstone's early architectural treatises and their relationship
to the Commentaries; his idiosyncratic bibliophilia; his views of
the role of judges, interpretation of statutes, the law of
marriage, natural law, property law and the legalities of
colonisation. Together with the dissemination and the reception of
the Commentaries, Blackstone's bibliography and iconography also
receive attention. Combining the work of both eminent and emerging
scholars, this interdisciplinary venture sheds welcome new light on
a legal classic and its continued influence.
William Blackstone's Commentaries on the Laws of England (1765-69)
is perhaps the most elegant and influential legal text in the
history of the common law. By one estimate, Blackstone has been
cited well over 10,000 times in American judicial opinions alone.
Prominent in recent reassessment of Blackstone and his works,
Wilfrid Prest also convened the Adelaide symposia which have now
generated two collections of essays: Blackstone and his
Commentaries: Biography, Law, History (2009), and Re-Interpreting
Blackstone's Commentaries: A Seminal Text in National and
International Contexts (2014). This third collection focuses on
Blackstone's critics and detractors. Leading scholars examine the
initial reception of the Commentaries in the context of debates
over law, religion and politics in eighteenth-century Britain and
Ireland. Having shown Blackstone's volumes to be a contested work
of the Enlightenment, the remaining chapters assess critical
responses to Blackstone on family law, the status of women and
legal education in Britain and America. While Blackstone and his
Commentaries have been widely lauded and memorialised in marble,
this volume highlights the extent to which they have also attracted
censure, controversy and disparagement.
This collection explores the remarkable impact and continuing
influence of William Blackstone's Commentaries on the Laws of
England, from the work's original publication in the 1760s down to
the present. Contributions by cultural and literary scholars, and
intellectual and legal historians trace the manner in which this
truly seminal text has established its authority well beyond the
author's native shores or his own limited lifespan. In the first
section, 'Words and Visions', Kathryn Temple, Simon Stern, Cristina
S Martinez and Michael Meehan discuss the Commentaries' aesthetic
and literary qualities as factors contributing to the work's unique
status in Anglo-American legal culture. The second group of essays
traces the nature and dimensions of Blackstone's impact in various
jurisdictions outside England, namely Quebec (Michel Morin),
Louisiana and the United States more generally (John W Cairns and
Stephen M Sheppard), North Carolina (John V Orth) and Australasia
(Wilfrid Prest). Finally Horst Dippel, Paul Halliday and Ruth Paley
examine aspects of Blackstone's influential constitutional and
political ideas, while Jessie Allen concludes the volume with a
personal account of 'Reading Blackstone in the Twenty-First Century
and the Twenty-First Century through Blackstone'. This volume is a
sequel to the well-received collection Blackstone and his
Commentaries: Biography, Law, History (Hart Publishing, 2009).
One of the most celebrated works in the Anglo-American legal
tradition, William Blackstone's Commentaries on the Laws of England
(1765-9) has recently begun to attract renewed interest from legal
and other scholars. The Commentaries no longer dominate legal
education as they once did, especially in North America during the
century after their first publication. But they continue to be
regularly cited in the judgments of superior courts of review on
both sides of the Atlantic, and elsewhere throughout the common-law
world. They also provide constitutional, cultural, intellectual and
legal historians with a remarkably comprehensive account of the
role of law, lawyers and the courts in the imperial superpower that
was England on the cusp of the industrial revolution. The life and
character of Blackstone himself, the nature and sources of his
jurisprudence as expounded in the Commentaries, and the impact of
his great book, both within and beyond his native shores, are the
main themes of this collection. Individual essays treat
Blackstone's early architectural treatises and their relationship
to the Commentaries; his idiosyncratic book collecting; his views
of the role of judges, interpretation of statutes, the law of
marriage, the status of wives, natural law, property law and the
legalities of colonisation, and the varied reception of the
Commentaries in America and continental Europe. Blackstone's
bibliography and iconography also receive attention. Combining the
work of both eminent and emerging scholars, this interdisciplinary
venture sheds welcome new light on a legal classic and its
continued influence. I Life 1 Blackstone and Biography - Wilfrid
Prest 2 A 'Model of the Old House': Architecture in Blackstone's
Life and Commentaries - Carol Matthews 3 'A Mighty Consumption of
Ale': Blackstone, Buckler, and All Souls College, Oxford - Norma
Aubertin-Potter 4 William Blackstone and William Prynne: an
Unlikely Association? - Ian Doolittle II Thought 5 Blackstone on
Judging - John H Langbein 6 Blackstone's Rules for the Construction
of Statutes - John V Orth 7 Blackstone and Bentham on the Law of
Marriage - Mary Sokol 8 Coverture and Unity of Person in
Blackstone's Commentaries -Tim Stretton 9 Blackstone's Commentaries
on Colonialism: Australian Judicial Interpretations - Thalia
Anthony 10 Restoring the 'Real' to Real Property Law: A Return to
Blackstone? - Nicole Graham III Influence 11 American Blackstones -
Michael Hoeflich 12 Did Blackstone get the Gallic Shrug? - John
Emerson 13 Blackstone in Germany - Horst Dippel IV Sources 14
Bibliography - Morris Cohen 15 Iconography - J H Baker and Wilfrid
Prest Contributors -Thalia Anthony lectures in law at the
University of Sydney. -Norma Aubertin-Potter is Librarian-in-Charge
of the Codrington Library, All Souls College, Oxford. -J H Baker,
Downing Professor of the Laws of England at the University of
Cambridge, is Literary Director of the Selden Society. -Morris
Cohen, Professor Emeritus and Professorial Lecturer in Law, is the
former Librarian of Yale Law School. -Horst Dippel is Professor of
British and American Studies at the University of Kassel. -Ian
Doolittle, formerly a Junior Research Fellow at Christ Church,
Oxford, is a partner in the law firm Trowers and Hamlins LLP in
London. -John Emerson holds a Visiting Research Fellowship in the
Law School, University of Adelaide. -Nicole Graham is Senior
Lecturer in the Faculty of Law, University of Technology, Sydney.
-Michael Hoeflich is John H and John M Kane Distinguished Professor
in the Law School, University of Kansas. -John Langbein is Sterling
Professor of Law and Legal History at Yale Law School. -Carol
Matthews teaches in the School of History and Politics at the
University of Adelaide. -John V Orth holds the William Rand Kenan
Jr Chair of Law at the University of North Carolina, Chapel Hill.
-Wilfrid Prest is Professor Emeritus and Visiting Research Fellow
in the Law School and School of History and Politics, University of
Adelaide. -Mary Sokol holds an Honorary Research Fellowship in the
Bentham Project at University College London. -Tim Stretton teaches
history at St Mary's University, Halifax, Nova Scotia.
William Blackstone's Commentaries on the Laws of England (1765-69)
is perhaps the most elegant and influential legal text in the
history of the common law. By one estimate, Blackstone has been
cited well over 10,000 times in American judicial opinions alone.
Prominent in recent reassessment of Blackstone and his works,
Wilfrid Prest also convened the Adelaide symposia which have now
generated two collections of essays: Blackstone and his
Commentaries: Biography, Law, History (2009), and Re-Interpreting
Blackstone's Commentaries: A Seminal Text in National and
International Contexts (2014). This third collection focuses on
Blackstone's critics and detractors. Leading scholars examine the
initial reception of the Commentaries in the context of debates
over law, religion and politics in eighteenth-century Britain and
Ireland. Having shown Blackstone's volumes to be a contested work
of the Enlightenment, the remaining chapters assess critical
responses to Blackstone on family law, the status of women and
legal education in Britain and America. While Blackstone and his
Commentaries have been widely lauded and memorialised in marble,
this volume highlights the extent to which they have also attracted
censure, controversy and disparagement.
This collection explores the remarkable impact and continuing
influence of William Blackstone's Commentaries on the Laws of
England, from the work's original publication in the 1760s down to
the present. Contributions by cultural and literary scholars, and
intellectual and legal historians trace the manner in which this
truly seminal text has established its authority well beyond the
author's native shores or his own limited lifespan. In the first
section, 'Words and Visions', Kathryn Temple, Simon Stern, Cristina
S Martinez and Michael Meehan discuss the Commentaries' aesthetic
and literary qualities as factors contributing to the work's unique
status in Anglo-American legal culture. The second group of essays
traces the nature and dimensions of Blackstone's impact in various
jurisdictions outside England, namely Quebec (Michel Morin),
Louisiana and the United States more generally (John W Cairns and
Stephen M Sheppard), North Carolina (John V Orth) and Australasia
(Wilfrid Prest). Finally Horst Dippel, Paul Halliday and Ruth Paley
examine aspects of Blackstone's influential constitutional and
political ideas, while Jessie Allen concludes the volume with a
personal account of 'Reading Blackstone in the Twenty-First Century
and the Twenty-First Century through Blackstone'. This volume is a
sequel to the well-received collection Blackstone and his
Commentaries: Biography, Law, History (Hart Publishing, 2009).
Between the restoration of Charles II and the battle of Waterloo, England gradually emerged as the core nation of the most formidable superpower the world had yet seen. This lively, up-to-date, and comprehensive overview explores the cultural, social, and economic motivations of the people behind a remarkable transformation, in which England lost her American colonies but gained an Empire. It will become a standard text on the 'long eighteenth century'.
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