English Private Law, 1870—1920

1924 ◽  
Vol 2 (1) ◽  
pp. 19-36
Author(s):  
Frederick Pollock
Keyword(s):  

The foundation of the Société de Législation Comparée, whose jubilee we are now celebrating, preceded by a few years, as it happened, the opening of a new epoch in' the history of English law.

1968 ◽  
Vol 81 (8) ◽  
pp. 1884
Author(s):  
Gareth H. Jones ◽  
William S. Holdsworth ◽  
Arthur L. Goodhart ◽  
Harold G. Hanbury
Keyword(s):  

1923 ◽  
Vol 28 (3) ◽  
pp. 526
Author(s):  
H. D. Hazeltine ◽  
Rudolf Hebner ◽  
Francis S. Philbrick
Keyword(s):  

1895 ◽  
Vol 9 (5) ◽  
pp. 364
Author(s):  
J. B. T. ◽  
Frederick Pollock ◽  
Frederic William Maitland
Keyword(s):  

2022 ◽  
Author(s):  
Liron Shmilovits

Legal fictions are falsehoods that the law knowingly relies on. It is the most bizarre feature of our legal system; we know something is false, and we still assume it. But why do we rely on blatant falsehood? What are the implications of doing so? Should we continue to use fictions, and, if not, what is the alternative? Legal Fictions in Private Law answers these questions in an accessible and engaging manner, looking at the history of fictions, the theory of fictions, and current fictions from a practical perspective. It proposes a solution to what to do about fictions going forward, and how to decide whether they should be accepted or rejected. It addresses the latest literature and deals with the law in detail. This book is a comprehensive analysis of legal fictions in private law and a blueprint for reform.


1970 ◽  
Vol 5 (3) ◽  
pp. 379-456 ◽  
Author(s):  
Joshua Weisman

To claim that the Land Law, 1969 is the most significant private law enactment to have been promulgated hitherto by the Knesset may perhaps be regarded as somewhat of anexaggeration. Nevertheless, it would seem incontrovertible that this statute is at any rate among the most basic and extensive to have been enacted by the Knesset in the realm ofprivate law. In order to appreciate the particular importance of this statute it is sufficient to consider two provisions thereof, namely, the abolition of recourse to English law as a source for complementing the local law in all matters relating to land; and, secondly, the repeal of the Ottoman land legislation. Some preliminary remarks may be of assistance in appreciating the full import of these two provisions.


Obiter ◽  
2021 ◽  
Vol 32 (1) ◽  
Author(s):  
Eltjo Schrage

The first contribution published in this edition is an abridged version of the inaugural lecture delivered by Professor Eltjo JH Schrage on 24 August 2009 in Port Elizabeth. The Faculty of Law is honoured that such an internationally esteemed jurist accepted the appointment as first Honorary Professor of the Faculty of Law in 2009. Prof Eltjo JH Schrage was born in Groningen. He studied law at the University of Groningen, where he obtained his doctorandus, a degree which is analogous to our master’s degree. In 1975 he defended his doctoral thesis entitled Libertas est facultas naturalis. Menselijke vrijheid in een tekst van de Romeinse jurist Florentinus (Human liberty in a text of the Roman jurist Florentinus). His academic career commenced in 1969 at the Free University, Amsterdam. In 1980 he was appointed as professor at the Free University in Roman Law and Legal History. In 1998 he became the director of the Paul Scholten Institute at the University of Amsterdam. Some of his other academic appointments include the following:• Chairperson: International Study Group on the Comparative Legal History of the Law of Restitution;• Chairperson: International Study Group on the Comparative Legal History of the Law of Torts;• Visiting Professor: University of Cape Town;• Visiting Fellow: Magdalen College, Oxford University as well as visiting professor at Oxford;• Visiting Professor: University of the North (now Limpopo) in Polokwane; and• Visiting Fellow: Trinity College, Cambridge University as well as visiting professor, Cambridge. Prof Schrage has published extensively in International journals in Dutch, English, German French, and Italian. He has edited, written and contributed to more than 30 books, and written more than 100 articles. He has been the supervisor of numerous doctoral students, including Prof Marita Carnelley of the University of KwaZulu-Natal and erstwhile member of the Faculty of Law, Nelson Mandela Metropolitan University and Prof André Mukheibir, Head of Department, Private Law of the Nelson Mandela Metropolitan University. He was also the promoter of the honorary doctorate awarded by the University of Amsterdam to the former chief justice of South Africa, Arthur Chaskalson in 2002. Prof Schrage has also acted as judge in the Amsterdam court since 1981. Prof Schrage is married to Anneke Buitenbos-Schrage and the couple have four children and one grandchild.


1981 ◽  
Vol 43 (1) ◽  
pp. 3-21 ◽  
Author(s):  
Mark Glat

The most common assumption made about John Locke's historical sense is that he had none. In his lifetime, Locke was many things: a doctor, a philosopher, a political theorist, a policymaker and a biblical scholar. But few, if any, would say that Locke was a historian as well. Unlike Hobbes before him and Hume after him, Locke would write no history of England or of English politics. My intention in this paper then is not to make the claim that he was a “historian” in the strict sense of the word. I would therefore agree with John Pocock when he writes that Locke was the only major political writer of his age who did not try “to understand English politics through the history of English law (and English political institutions).”


1957 ◽  
Vol 15 (2) ◽  
pp. 151-162
Author(s):  
H. A. Hollond

These notes on thirty-six judges and chancellors, prompted by memory of my own requirements fifty years ago, were prepared for distribution on stencilled sheets to the students attending my lectures on legal history at the Inns of Court. My aim was to provide both indications of the principal achievements of each of the lawyers named, and also references to readily accessible sources of further knowledge.The editor of this journal has kindly suggested that it would be useful to its readers to have my notes available in print.It is not nearly as difficult as it used to be for beginners to find out about the great legal figures of the past. Sir William Holdsworth, Vinerian professor at Oxford from 1922 to 1944, placed all lawyers in his debt by his book, Some Makers of English Law, published in 1938. It was based on the Tagore lectures which he had given in Calcutta.Sir Percy Winfield, Rouse Ball professor at Cambridge from 1926 to 1943, gave detailed information as to the principal law books of the past and their editions in his manual The Chief Sources of English Legal History (1925) based on lectures given at the Harvard Law School. Twenty-four of my judges and chancellors have entries in his book as authors.By far the most numerous of my references are to Holdsworth's monumental History of English Law, in thirteen volumes, cited as H.E.L. The other works most referred to are The Dictionary of National Biography cited as D.N.B.; Fourteen English Judges (1926) by the first Earl of Birkenhead, L.C. 1919–1922; and The Victorian Chancellors (1908) by J. B. Atlay.


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