Pub Date : 1999-12-01DOI: 10.1080/01440362008539596
Georg Behrens
{"title":"Equity in the Commentaries of Edmund Plowden","authors":"Georg Behrens","doi":"10.1080/01440362008539596","DOIUrl":"https://doi.org/10.1080/01440362008539596","url":null,"abstract":"","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"25-50"},"PeriodicalIF":0.4,"publicationDate":"1999-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539596","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-12-01DOI: 10.1080/01440362008539598
G. Glasgow
{"title":"The Election of County Coroners in England and Wales circa 1800–1888","authors":"G. Glasgow","doi":"10.1080/01440362008539598","DOIUrl":"https://doi.org/10.1080/01440362008539598","url":null,"abstract":"","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"75-108"},"PeriodicalIF":0.4,"publicationDate":"1999-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539598","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-12-01DOI: 10.1080/01440362008539597
Dennis R. Klinck
{"title":"Lord Eldon on ‘Equity’","authors":"Dennis R. Klinck","doi":"10.1080/01440362008539597","DOIUrl":"https://doi.org/10.1080/01440362008539597","url":null,"abstract":"","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"51-74"},"PeriodicalIF":0.4,"publicationDate":"1999-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539597","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103589","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-08-01DOI: 10.1080/01440362008539590
J. Cairns
Abstract The final ceremony for admission as an advocate before the College of Justice in Scotland formerly was the delivery of a speech in Latin on a text of the Corpus iuris civilis from a corner of the bench. The intrant advocate wore a hat for this ceremony. This article discusses the procedures for admission as an advocate to argue that the ritual of wearing a hat had a symbolic meaning central to the aspirations of the Faculty of Advocates. Eventually misunderstood, the ceremony was dispensed with in the early nineteenth century.
在苏格兰司法学院(College of Justice)之前，律师被录取的最后仪式是在法官席的一角用拉丁语就《文字库》(Corpus iuris civilis)的文本发表演讲。在场的辩护人戴着一顶帽子参加这个仪式。本文讨论了作为辩护人的录取程序，以论证戴帽子的仪式对辩护人学院的愿望具有象征意义。由于误解，这个仪式在19世纪初被废除了。
{"title":"Advocates’ Hats, Roman Law and Admission to the Scots Bar, 1580–1812","authors":"J. Cairns","doi":"10.1080/01440362008539590","DOIUrl":"https://doi.org/10.1080/01440362008539590","url":null,"abstract":"Abstract The final ceremony for admission as an advocate before the College of Justice in Scotland formerly was the delivery of a speech in Latin on a text of the Corpus iuris civilis from a corner of the bench. The intrant advocate wore a hat for this ceremony. This article discusses the procedures for admission as an advocate to argue that the ritual of wearing a hat had a symbolic meaning central to the aspirations of the Faculty of Advocates. Eventually misunderstood, the ceremony was dispensed with in the early nineteenth century.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"24-61"},"PeriodicalIF":0.4,"publicationDate":"1999-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539590","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-08-01DOI: 10.1080/01440362008539591
Raymond Cocks
Abstract By looking at the references of those who applied for the Middle Temple Readership in Civil Law and Jurisprudence in the middle of the nineteenth century this article reveals the seriousness with which ‘a great experiment’ was undertaken in the years between 1846 and 1862. New courses were established for would-be barristers. Reformers at the Inns believed that lecturers should be chosen on merit, and the use of references in this context raised novel issues. More generally, the reformers believed barristers should know about English jurisprudence and continental traditions of legal thought. It was a lively episode in which common lawyers showed interest in the ideas of English jurists and, at the same time, looked for inspiration far beyond the shores of England. In the early years at least, it was a time of hope in legal education.
{"title":"‘That Exalted and Noble Science of Jurisprudence’: The Recruitment of Jurists with ‘Superior Qualifications’ by the Middle Temple in the Mid-Nineteenth Century","authors":"Raymond Cocks","doi":"10.1080/01440362008539591","DOIUrl":"https://doi.org/10.1080/01440362008539591","url":null,"abstract":"Abstract By looking at the references of those who applied for the Middle Temple Readership in Civil Law and Jurisprudence in the middle of the nineteenth century this article reveals the seriousness with which ‘a great experiment’ was undertaken in the years between 1846 and 1862. New courses were established for would-be barristers. Reformers at the Inns believed that lecturers should be chosen on merit, and the use of references in this context raised novel issues. More generally, the reformers believed barristers should know about English jurisprudence and continental traditions of legal thought. It was a lively episode in which common lawyers showed interest in the ideas of English jurists and, at the same time, looked for inspiration far beyond the shores of England. In the early years at least, it was a time of hope in legal education.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"62-94"},"PeriodicalIF":0.4,"publicationDate":"1999-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539591","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-08-01DOI: 10.1080/01440362008539589
Gareth Popkins
Abstract This article investigates the law of testation as it applied to the peasantry of late Imperial Russia. After a summary of the main features of the written law of wills, there follows an outline of the special position of the villagers. They had distinctive rights over property, granted as part of the emancipation legislation 1861, and also access to a simplified procedure for making a will. The investigation then turns to the case law of the high court or ‘Ruling Senate’. It emerges that Senate decisions generally emphasised and reinforced the distinctiveness of the peasantry's legal position. However, it is also clear that the ambiguity inherent in the status of the post-emancipation peasants meant that their use of wills became a cause of controversy in the village, in the courts, and amongst academic lawyers. While comparative jurists will be interested in the description of tsarist laws on inheritance, wills, the peasant estate, and the court system per se, the subject is also of wider histor...
{"title":"Russian Peasant Wills in the Decisions of the Ruling Senate, 1861–1906","authors":"Gareth Popkins","doi":"10.1080/01440362008539589","DOIUrl":"https://doi.org/10.1080/01440362008539589","url":null,"abstract":"Abstract This article investigates the law of testation as it applied to the peasantry of late Imperial Russia. After a summary of the main features of the written law of wills, there follows an outline of the special position of the villagers. They had distinctive rights over property, granted as part of the emancipation legislation 1861, and also access to a simplified procedure for making a will. The investigation then turns to the case law of the high court or ‘Ruling Senate’. It emerges that Senate decisions generally emphasised and reinforced the distinctiveness of the peasantry's legal position. However, it is also clear that the ambiguity inherent in the status of the post-emancipation peasants meant that their use of wills became a cause of controversy in the village, in the courts, and amongst academic lawyers. While comparative jurists will be interested in the description of tsarist laws on inheritance, wills, the peasant estate, and the court system per se, the subject is also of wider histor...","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"45 1","pages":"1-23"},"PeriodicalIF":0.4,"publicationDate":"1999-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539589","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-08-01DOI: 10.1080/01440362008539592
J. Kortmann
Abstract The Roman jurists’ treatment of the problem of the ‘supervening cause’ has been the subject of many publications in the second half of this century.1 In particular, an alleged controversy between Celsus and Julian has been singled out. It is suggested in this essay that the discussions have constantly erred in the translation of D. 9.2.51 pr. (Julian). This has often led to a misconception of Julian's opinion on the matter. When closely read, Julian's words, as reproduced in D. 9.2.51, leave room for the view that Celsus and Julian either did not disagree at all or in any case did not disagree on the matter of the ‘supervening cause’.
{"title":"Ab alio ictu(s): Misconceptions about Julian's View on Causation","authors":"J. Kortmann","doi":"10.1080/01440362008539592","DOIUrl":"https://doi.org/10.1080/01440362008539592","url":null,"abstract":"Abstract The Roman jurists’ treatment of the problem of the ‘supervening cause’ has been the subject of many publications in the second half of this century.1 In particular, an alleged controversy between Celsus and Julian has been singled out. It is suggested in this essay that the discussions have constantly erred in the translation of D. 9.2.51 pr. (Julian). This has often led to a misconception of Julian's opinion on the matter. When closely read, Julian's words, as reproduced in D. 9.2.51, leave room for the view that Celsus and Julian either did not disagree at all or in any case did not disagree on the matter of the ‘supervening cause’.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"95-103"},"PeriodicalIF":0.4,"publicationDate":"1999-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539592","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-04-01DOI: 10.1080/01440362008539584
K. Smith
Abstract Throughout the nineteenth century dissatisfaction with the criminal law frequently centred on its disparate and inaccessible state. For many reformers, particularly of a Benthamite persuasion, the route to salvation lay in the direction of the law's codification. This article examines the tenacious efforts of the barrister Anthony Hammond in the 1820s to expand Peel's limited schemes for the consolidation of criminal law statutes into a more radical, wide-ranging codification programme.
{"title":"Anthony Hammond: ‘Mr. Surface’ Peel's Persistent Codifier","authors":"K. Smith","doi":"10.1080/01440362008539584","DOIUrl":"https://doi.org/10.1080/01440362008539584","url":null,"abstract":"Abstract Throughout the nineteenth century dissatisfaction with the criminal law frequently centred on its disparate and inaccessible state. For many reformers, particularly of a Benthamite persuasion, the route to salvation lay in the direction of the law's codification. This article examines the tenacious efforts of the barrister Anthony Hammond in the 1820s to expand Peel's limited schemes for the consolidation of criminal law statutes into a more radical, wide-ranging codification programme.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"24-44"},"PeriodicalIF":0.4,"publicationDate":"1999-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539584","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-04-01DOI: 10.1080/01440362008539585
P. Raffield
Through an analysis of three masques presented at the Inns of Court between 1561 and 1613, this article examines the relationship between the Crown and the common law, and the competing claims of each to represent and embody the incontestable source of constitutional supremacy. An examination of the texts of these masques reveals the nature of the ideal constitution sought by common lawyers, and the role envisaged for the monarch within this Utopian state. He/She is depicted as the iconic symbol of English nationhood and unity. But the overriding theme of the masques is that the common law has existed since time immemorial and is endowed with divine authority. Consequently its sovereignty cannot be challenged by any earthly king or queen.
{"title":"Lex Facit Regem v. Quod Principi Placuit: Dramatic Symbols of Crown and Common Law","authors":"P. Raffield","doi":"10.1080/01440362008539585","DOIUrl":"https://doi.org/10.1080/01440362008539585","url":null,"abstract":"Through an analysis of three masques presented at the Inns of Court between 1561 and 1613, this article examines the relationship between the Crown and the common law, and the competing claims of each to represent and embody the incontestable source of constitutional supremacy. An examination of the texts of these masques reveals the nature of the ideal constitution sought by common lawyers, and the role envisaged for the monarch within this Utopian state. He/She is depicted as the iconic symbol of English nationhood and unity. But the overriding theme of the masques is that the common law has existed since time immemorial and is endowed with divine authority. Consequently its sovereignty cannot be challenged by any earthly king or queen.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"45-63"},"PeriodicalIF":0.4,"publicationDate":"1999-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539585","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1999-04-01DOI: 10.1080/01440362008539586
P. Mitchell
{"title":"Artemus Jones and the Press Club","authors":"P. Mitchell","doi":"10.1080/01440362008539586","DOIUrl":"https://doi.org/10.1080/01440362008539586","url":null,"abstract":"","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"64-68"},"PeriodicalIF":0.4,"publicationDate":"1999-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539586","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103435","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：