Judges and judging in the history of the common law and civil law : from antiquity to modern times / edited by Paul Brand and Joshua Getzler.

Format:

Book

Contributor:

Brand, Paul (Paul A.), editor.

Getzler, Joshua, editor.

Language:

English

Subjects (All):

Judges--History.

Judges.

Judicial process--History.

Judicial process.

Judicial review--History.

Judicial review.

Courts--History.

Courts.

History.

Physical Description:

1 online resource (xv, 349 pages) : digital, PDF file(s)

Other Title:

Judges & Judging in the History of the Common Law & Civil Law

Place of Publication:

Cambridge : Cambridge University Press, 2012.

System Details:

text file

PDF

Summary:

In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

Contents:

part I. Common law

Judges and judging, 1176-1307 / Paul Brand

Formalism and realism in fifteenth-century English law : bodies corporate and bodies natural / David J. Seipp

Early-modern judges and the practice of precedent / Ian Williams

Bifurcation and the bench : the influence of the jury on English conceptions of the judiciary / John H. Langbein

Sir William Scott and the law of marriage / Rebecca Probert

The politics of English law in the nineteenth century / Michael Lobban

Judges and the criminal law in England, 1808-61 / Phil Handler

Bureaucratic adjudication : the internal appeals of the Inland Revenue / Chantal Stebbings

part II. Continental law

Remedy of prohibition against Roman judges in civil trials / Ernest Metzger

The spokesmen in medieval courts : the unknown leading judges of the customary law and makers of the first Continental law reports / Dirk Heirbaut

Superior courts in early-modern France, England and the Holy Roman Empire / Ulrike Muessig

The Supreme Court of Holland and Zeeland judging cases in the early 18th century / A.J.B. Sirks

part III. Imperial law

11,000 prisoners : habeas corpus, 1500-1800 / Paul D. Halliday

Some difficulties of colonial judging : the Bahamas, 1886-1893 / Martin J. Wiener

Australia's early High Court, the fourth Commonwealth Attorney-General and the 'Strike of 1905' / Susan Priest

Judges and judging in colonial New Zealand : where did native title fit in? / David V. Williams.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139093613

Access Restriction:

Restricted for use by site license.