I. Alod And Fee

1937 ◽  
Vol 5 (03) ◽  
pp. 225-234 ◽  
Author(s):  
J. E. A. Jolliffe
Keyword(s):  
Norman Conquest ◽  
Surface Appearance ◽  
Single Term ◽  
The Subject ◽  
English Law ◽  
Early English ◽  
Historical Controversies

The degree to which England had already adopted or grown into feudalism by the generation before the Norman Conquest is one of the oldest of historical controversies, and one in which the opposing views, having reached something like a stalemate, seem now disposed to concede a measure of recognition to each other's premisses. Recent treatments of the tenth and eleventh centuries are cautious and compromising. They are apt to speak of “nascent feudalism”, or of the Normans’ mission to develop and give precision to a Saxon feudalism which is never clearly delineated, but which is assumed to be far advanced. I would suggest on the contrary that, given the known components of early English law and the admitted difficulty of bringing this hypothetical Saxon feudalism to definition, the proper approach to the subject should be one not of compromise but of scepticism, and that, as no major passage of Saxon politics can be made to bear that surface appearance of baronial motive and interest which the play of Norman feudalism everywhere presents, any phrase or text of Saxon law which can be made to carry a feudal implication should be tested rigorously to see if it is susceptible of no other interpretation before a strictly feudal meaning is imposed upon it. I must confess that no single term or maxim of the English codes or charters having any claim to genuineness has ever seemed to me to bear a feudal connotation.

scholarly journals The Evolution of Criminal Responsibility

1969 ◽  
pp. 47
Author(s):  
Graham Parker
Keyword(s):  
Criminal Responsibility ◽  
Anglo Saxon ◽  
Modern Thought ◽  
History Of ◽  
The Subject ◽  
English Law ◽  
Early English

Professor Parker investigates the history of the concept of criminal responsibility with particular reference to homicide. The notion of criminal responsibility is traced through Anglo-Saxon and Germanic law and early English law to recent times. The observations and reports of such commentators as Coke, Hale, Hawkins, Foster and East are treated in an historical-analytical fashion. Because of the historical breadth of the article which encompasses feud and vengeance as well as modern thought on the subject, and because the subject is treated in various socio-political circumstances, valuable perspective on the concept of criminal responsi bility is offered in Professor Parker's presentation.

History of the Study of Apocrypha in Early Medieval England

2020 ◽  
Vol 48 (3-4) ◽  
pp. 13-26
Author(s):  
Brandon W. Hawk
Keyword(s):  
Old Testament ◽  
Medieval England ◽  
Medieval Period ◽  
Early Medieval ◽  
Future Directions ◽  
Early Judaism ◽  
Wide Range ◽  
History Of ◽  
The Subject ◽  
Early English

Literature written in England between about 500 and 1100 CE attests to a wide range of traditions, although it is clear that Christian sources were the most influential. Biblical apocrypha feature prominently across this corpus of literature, as early English authors clearly relied on a range of extra-biblical texts and traditions related to works under the umbrella of what have been called “Old Testament Pseudepigrapha” and “New Testament/Christian Apocrypha." While scholars of pseudepigrapha and apocrypha have long trained their eyes upon literature from the first few centuries of early Judaism and early Christianity, the medieval period has much to offer. This article presents a survey of significant developments and key threads in the history of scholarship on apocrypha in early medieval England. My purpose is not to offer a comprehensive bibliography, but to highlight major studies that have focused on the transmission of specific apocrypha, contributed to knowledge about medieval uses of apocrypha, and shaped the field from the nineteenth century up to the present. Bringing together major publications on the subject presents a striking picture of the state of the field as well as future directions.

Termination for Breach of Contract

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Final Section ◽  
Breach Of Contract ◽  
The Third ◽  
Specific Performance ◽  
The Subject ◽  
Key Topics ◽  
English Law ◽  
The Right ◽  
Legal Consequences

The aims of this book are to set out in detail the rules governing termination as a remedy for breach of contract in English law, to distil the very complex body of law on the subject to a clear set of principles, and to apply the law in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. The third section addresses the question when the right to terminate for breach arises. And the fourth and final section considers the consequences of the promisee's election whether to terminate or not. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.

The Norman Conquest

1967 ◽  
Vol 17 ◽  
pp. 109-130 ◽  
Author(s):  
R. Allen Brown
Keyword(s):  
Norman Conquest ◽  
Hundredth Anniversary ◽  
The Subject

Though with the passing of October 14 the major junketings are perhaps over, the year is still 1966, the nine-hundredth anniversary of the Norman Conquest of England, and such an occasion, I trust, is a sufficient excuse for reading a paper to you on the subject. There are many more qualified than I to undertake the task, but at least I can claim to have been working—though scarcely alone—on a book about the Conquest over the last few years, and the vastly enjoyable experience has prompted certain thoughts which become increasingly strongly held as I progress. Some of those thoughts I should like now to put together into what I hope may be a coherent pattern.

Introduction

2019 ◽  
pp. 1-18
Author(s):  
J. Patrick Hornbeck
Keyword(s):  
Collective Memory ◽  
Reception History ◽  
English Reformation ◽  
The Subject ◽  
Early English

This chapter introduces the subject of the book, namely, the myriad ways in which Thomas Wolsey has been represented and commemorated since his death in 1530. His name and image have been invoked in a bewildering, and often surprising, variety of contexts, including retellings of the early English Reformation and narratives about the development of British democracy. It enumerates the major purposes for which cultural producers have told the story of Wolsey’s life, and situates this book’s contribution within recent scholarly discussions about collective memory and mnemohistory. The chapter distinguishes between mnemohistory and reception history and further describes how the terms memory, commemoration, and representation will be used throughout the book. It illustrates the book’s mnemohistorical method with a case study about the representation of Wolsey as obese. Finally, it previews the arguments of the chapters that follow.

3.8 The standard layout of a treaty A treaty, like English legislation, has a standard format. At the beginning of the treaty is a preamble setting out the main goals of the treaty and the aspirations of the parties. It is divided into clusters of items dealing with similar matters. Each cluster is called a title (which roughly equates with the division of an English statute into parts). Titles contain numbered items called Articles, each one setting out a basic rule or principle. Articles can be divided into paragraphs and subparagraphs. The numbering system is Arabic and it not as dense and complex as that used by English statutes. Figure 5.3: standard layout of a treaty 5.3.9 How do obligations entered into through treaties become part of English law? If the UK government wishes all, or part of a treaty, to become part of English law it must specifically incorporate the treaty, or part of it, into the English legal system via legislation. This legislation goes through the same procedures as any other piece of legislation. If the government expects the treaty to give rise to a range of other measures over time it will usually place sections in this legislation delegating the authority to make later legal changes to others (such as the minister of appropriate government departments). This saves time as there is no need for the full legislative process in Parliament. Whilst it is still the subject of parliamentary debate, it does have a fast track procedure. In relation to treaties becoming part of English law in this way, there is always the possibility that Parliament may refuse to enact the legislation, which would leave the government in an extremely difficult situation. However, the UK Parliament is usually controlled by the political party forming the government and the government would not risk the embarrassment of failure but would guage its position in Parliament prior to signature of a relevant treaty.

2012 ◽  
pp. 132-133
Keyword(s):  
Basic Rule ◽  
The Political ◽  
Legislative Process ◽  
Difficult Situation ◽  
Standard Format ◽  
Parliamentary Debate ◽  
The Subject ◽  
English Law ◽  
The Government ◽  
The Uk

The impact of the Human Rights Act 1998

2019 ◽  
Author(s):  
Andrew Burrows
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Subject ◽  
English Law ◽  
The Impact

The enactment of the Human Rights Act 1998 (HRA 1998) has raised a number of novel issues for English law. But the impact of the Act on the subject matter of this book has been limited. That impact is best understood by clarifying that there are two main respects in which the Act is relevant to civil wrongs.

History and Historical Criticism: Recent Work of Richardson and Sayles

1964 ◽  
Vol 3 (2) ◽  
pp. 1-23
Author(s):  
Robert Livingston Schuyler
Keyword(s):  
Recent Work ◽  
Constitutional History ◽  
Historical Criticism ◽  
Joint Product ◽  
The Subject ◽  
Parliamentary History ◽  
To Come ◽  
Early English ◽  
English Constitutional History ◽  
Beginning Students

The collaboration of Richardson and Sayles in the investigation of early English parliamentary history has long been justly celebrated. A full generation has passed since the publication of the first of those studies of theirs which have done so much to widen and deepen knowledge about medieval parliaments and have made their names, usually coupled, household words with students of medieval English constitutional history. The authors were influenced, no doubt, by some earlier historians, and the statement that they built on foundations laid by Maitland and McIlwain is not incorrect. In the volume, however, which is here under special consideration, The Governance of Mediaeval England from the Conquest to Magna Carta, they do not undertake, qua historians as distinguished from historical critics, to come this side of the reign of King John, when parliaments had not as yet assumed their later form and functions.IWhy, it seems not inappropriate to ask, was this latest joint product of their historical activities written; to what class or classes of readers was it particularly addressed? It was evidently not designed as a manual of the type that students of English constitutional history have long been familiar with; for one thing, its chronological scope is limited to about two centuries, from c. 1000 to 1215; and much of the book would be unintelligible to beginning students of the subject. An apologia, which serves as a Preface, and a preliminary chapter suggest answers to the questions that have just been asked.

The Common Law in Lesotho

1969 ◽  
Vol 13 (3) ◽  
pp. 127-144
Author(s):  
Sebastian Poulter
Keyword(s):  
South Africa ◽  
East Africa ◽  
Southern Africa ◽  
Legal System ◽  
Common Law ◽  
The Subject ◽  
The Common ◽  
English Law ◽  
The Republic

Whereas the reception and operation of English law in West and East Africa have been the subject of much study over the last few years, the introduction and application of Roman-Dutch law in Southern Africa (apart from South Africa itself) have received scant treatment.1 This article deals only with the position in Lesotho and attempts to show the extent to which Lesotho's legal system is tied to that of the Republic of South Africa, and thus strengthens the geographical and economic bonds which link the two countries.

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