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English Common Law in the Age of Mansfield
James Oldham.
Reg. Price: $27.50
448 pages, 6 x 9 1/4, 20 illus., append., notes, bibl., index , paperback, University of North Carolina Press
In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law.
While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.
About Author
James Oldham is St. Thomas More Professor of Law and Legal History at Georgetown University Law Center.
Reviews
"A proper understanding and appreciation of the role of this immensely important chief justice are essential for any scholar of English and American legal history. James Oldham has provided both, with erudition and skill."--David Konig, Washington University at St. Louis
"Until Oldham's original two-volume Mansfield Manuscripts was published, the legal history of the eighteenth century was something of a black hole, the subject having been very patchily investigated. This new volume makes Oldham's work on Mansfield more readily accessible, providing a history of English law in the age of Mansfield. Given the fact that contemporary Anglo-American common law has been developed out of that body of law, this volume is bound to be welcomed by the scholarly community."--A. W. Brian Simpson, University of Michigan Law School
Table of Contents
Preface
Editorial Statement
Abbreviations
Part I: Mansfield and the Court of King's Bench
1 Lord Mansfield
2 The Court of King's Bench
Part II: Commerce and Contract
3 Contract and Quasi-Contract
4 Bankruptcy
5 Insurance
6 Negotiable Instruments
7 Usury
8 Prize and Trade
9 Intellectual Property
Part III: Crime and Tort
10 Libel
11 Restrictions on Religious Observance
12 Nuisance
13 Assault, False Imprisonment, and Offenses against Public Order and Welfare
14 Perjury
15 Negligence
16 Trespass and Trover
Part IV: Status and Property
17 Slavery
18 Marriage
19 Labor and Employment
20 Property and Wills
Conclusion
Appendix: Table of Regnal Years
Bibliography
Table of Statutes
Table of Cases
General Index
855324
Price:
27.50 USD
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