The Origin and Early History of the Writs of Entry

2007 ◽  
Vol 25 (3) ◽  
pp. 513-556
Author(s):  
Joseph Biancalana

The writs of entry are of interest chiefly because they offer an example of how, in the first century of its history, the common law grew by the creation of new writs. The first writs of entry were among the earliest writs to be invented after the legal reforms of Henry II. Further writs of entry were created after 1217. The distinctive feature of a writ of entry was that it challenged what plaintiff thought was the basis of defendant's claim to the land in dispute. A writ of entry alleged that defendant “had no entry” into the land other than by a transaction or taking that did not authorize him to hold the land.

2019 ◽  
pp. 1-32
Author(s):  
Thomas J. McSweeney

A central question in the early history of the common law is how much influence Roman and canon law exerted over the common law in its first century. The debates over Roman- and canon-law influence have largely stalled, however. This chapter introduces a new way forward in those debates. Most scholars who have looked for Roman- and canon-law influence on the common law have looked for similarities in particular rules and have argued that common lawyers adopted those rules from Roman or canon law. Priests of the Law argues that we are more likely to find borrowings in the context of more fundamental questions. The early thirteenth century was a time before the common law was the common law. There was debate over its nature and who should control it. In their attempts to answer these questions, the authors of Bracton turned to Roman and canon law.


Author(s):  
John V. Orth

This chapter focuses on Sir William Blackstone (1723–1780), the author of the most important book in the history of the common law. The four-volume Commentaries on the Laws of England (1765–1769) and the series of lectures Blackstone delivered at Oxford from 1753, changed the way lawyers thought about the law. Blackstone’s Commentaries were read by more people, non-lawyers as well as lawyers, than any other English law book. Their influence is difficult to overstate, and extends into the twenty-first century. Almost as momentous was Blackstone’s influence on legal education. While gradual, the transfer of legal education from the law office and the courts to the university, which Blackstone pioneered, had an enormous impact on legal development, as law professors contributed to the formation of generations of lawyers and themselves came to play a significant role in legal development.


2019 ◽  
Vol 50 (1) ◽  
pp. 67-131
Author(s):  
Stephan N. Kory

This article investigates the early history of a Chinese mantic practice unattested before the late first century CE known as zhanhou 占候 (lit., omen watching; divination through observation; divination of atmospheric or meteorological conditions). While early occurrences of the term primarily present it as a learned form of divination used to forecast human fortune through the interpretation of anomalous emanations of qi 氣 in heaven-and-earth (e.g., wind; clouds; rain; rainbows), zhanhou is also variously classified as an astrological, Five Agents, or military technique; and variously identified as a hemerological, medical, and contemplative-visualization practice by the end of the Tang. I not only contend that zhanhou’s inherent polysemy and its multiple identities helped broaden and perpetuate its transmission during the first millennium of the Common Era, but also that the same messy multiplicity makes its early history and development difficult—but not impossible—to trace and understand. Zhanhou closely resembles many earlier named forms of astrology and divination focused on the observation and interpretation of macrocosmic qi conditions or phenomena, but late Han and early medieval writers carved out a space for zhanhou. This was done through increasingly frequent use of the term, by explicitly distinguishing it from similar families of techniques (e.g., astrology; turtle and yarrow divination; yinyang; algorithmic mantic techniques), and by identifying and constructing networks and lineages of practitioners, both of which helped form and perpetuate zhanhou’s identity as a discrete technique (shu 術). The present study compares different definitions and translations of zhanhou, analyzes a handful of late Han occurrences, and illustrates the term’s increasingly widespread medieval circulation, chiefly through biographic narratives and technical texts.


2020 ◽  
Vol 9 (3) ◽  
pp. 131-144
Author(s):  
D.A. REDIN ◽  

The purpose of the article is to research the history of creation and formation of the Chancellery of Contract Affairs – the first supervisory and regulatory body in the field of public procurement in Russia. The early history of the Contracting Chancellery (1715–1717) can be traced in the context of the development of legislative and administrative regulation of public procurement during the reign of Peter the Great. The institution of public procurement itself, according to the author, is associated with the acquisition of distinct features of the modern state by Russia, which was manifested in the previous time. The immediate impetus for the development of the institution was the reform of the armed forces and the resulting mobilization efforts of the supreme power. The very content of the research predetermined the use of source-based and historical-legal methods. As a result of the study, the author states that the creation of a special body – the Chancellery of Contract Affairs, designed to take control of the situation under state contracts, turned out to be the right decision. The well-coordinated work of the Contracting Chancellery with the Senate, fiscal authorities and investigative bodies led to the creation of a number of important regulatory legal acts, almost ‘from scratch’ forming the legislative basis for the institution of public procurement functioning. The need for further work on the designated topic is noted.


Author(s):  
Chris Keith

This book offers a new material history of the Jesus tradition. It shows that the introduction of manuscripts to the transmission of the Jesus tradition played an underappreciated but crucial role in the reception history of the tradition that eventuated. It focuses particularly on the competitive textualization of the Jesus tradition, whereby Gospel authors drew attention to the written nature of their tradition, sometimes in attempts to assert superiority to predecessors, and the public reading of the Jesus tradition. Both these processes reveal efforts on the part of early followers of Jesus to place the gospel-as-manuscript on display, whether in the literary tradition or in the assembly. Building upon interdisciplinary work on ancient book cultures, this book traces an early history of the gospel as artifact from the textualization of Mark in the first century until the eventual usage of liturgical reading as a marker of authoritative status in the second and third centuries and beyond. Overall, it reveals a vibrant period of the development of the Jesus tradition, wherein the material status of the tradition frequently played as important a role as the ideas about Jesus that it contained.


2020 ◽  
pp. 095042222097856
Author(s):  
Robert Ronstadt ◽  
Jeffrey Shuman ◽  
Karl Vesper

The authors document in detail how the entrepreneurship program was created at Babson College in the 1970s. They recount the early history of Babson’s program because the school was one of the first, if not the first, to make a huge institutional commitment that led to entrepreneurship becoming a core part of its academic programs. At the time, other schools had an entrepreneurship course or two, but Babson’s commitment involved the creation of an undergraduate major, an MBA concentration, an annual research conference, a Distinguished Academy of Entrepreneurs, an Entrepreneurship Chair, and numerous outreach programs. These efforts influenced other universities to increase their entrepreneurship offerings to the extent that a new academic discipline—entrepreneurship studies—was born. A second reason for this article is the belief by those directly involved in the creation of Babson’s program that the complete story has not been told and is in danger of being misunderstood. Like most innovations, the creation of Babson’s entrepreneurship program was not a neat and tidy affair, but one more consistent with the turbulent notions put forth by Joseph Schumpeter and Clayton Christenson. Understanding Babson’s early history with entrepreneurship can help others pursuing or facilitating their own academic innovations.


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