Pinchbeck and the Chaucer Circle in the Law Reports and Records of 11-13 Richard II

1987 ◽  
Vol 84 (4) ◽  
pp. 401-407
Author(s):  
W. F. Bolton
Keyword(s):  
The Law ◽  
2020 ◽  
pp. 55-79
Author(s):  
Conor McCarthy

This chapter asks whether the sovereign can (and perhaps must) act outside the law in a reading of the second tetralogy of Shakespeare’s history plays. The discussion opens with an examination of the notion of sovereign immunity, contrasted with a competing line of discourse against tyranny. It then argues that questions around the king’s status relative to the law constitute an important set of issues within Shakespeare’s Richard II,where both individuals (Richard and Bolingbroke) and events (Richard’s deposition) may be read as existing outside of the law in various senses. The chapter proceeds to consider the remaining plays in the tetralogy, arguing that Henry V, a sort of quasi-outlaw before gaining the throne, finds as king that he must act outside the law to defend the interests of his state. The discussion surveys a range of legal questions in Henry V, from his claim to the throne of France to his threats before Harfleur and his killing of prisoners at Agincourt. The chapter concludes with a brief glance at espionage in Elizabethan England, and the Elizabethan state’s recourse to methods of invisible power.


Author(s):  
Kurt X. Metzmeier

The introduction provides the background history of American law reporting. After the American Revolution, the early law reporters helped create a new common law inspired by the law of England but fully grounded in the printed decisions of American judges. English law reports, whose reporters eventually achieved the same authority as their reports, were the model. It took time for the first state opinions to appear in print because publication was not commercially feasible. The first law reporters collected the opinions of the court, selected the best, and financed their printing; later they received state subsidies. The early Kentucky law reports were extensions of the personalities of their creators, an individualistic group of rising young lawyers, future and former judges, aspiring politicians, and enterprising journalists. The history of Kentucky courts and the state’s political environment are also surveyed.


Surprisingly, there are no official authoritative series of law reports in England to equate with the Queen’s Printers copy of an Act of Parliament. The Stationery Office is responsible for publishing revenue, immigration and social security law cases. However, traditionally, law reports remain in the hands of private publishers. Today, there are numerous, often competitive, private publishers. Although there are no official series of law reports, the courts do respect some reports more than others. A long established, conventional rule is that a law report, if it is to be accepted by the relevant court as an authority, must be prepared by and published under the name of a fully qualified barrister. The greater accuracy of modern reporting, and the vetting by judges, necessitates longer delays before the cases are published. Also, the Law Reports only cover 7% of the cases in the higher courts in any given year. Interesting issues are: (a) who selects which cases to report? (b) how are they selected? Editors select the cases for inclusion in the series of law reports. These are highly trained lawyers, well acquainted with precedent and the likely importance of cases. During the past 150 years publishers of law reports have been generalists or specialists. Some law reports are annotated, particularly for the use of practitioners, others left without annotations, introductions, etc. In addition to reported cases, the Supreme Court Library contains thousands of files of unreported cases. In 1940, the Lord Chancellor’s Department prepared a report: The Report of the Law Reporting Committee. The Committee considered that, after editors had made their choices, ‘What remains is less likely to be a treasure house than a rubbish heap in which a jewel will rarely, if ever, be discovered’ (p 20). (Note the poetic language that forcefully carries the point.) Of course, today, there is a vast range of electronic retrieval systems for accessing details of thousands of unreported cases. This has caused its own problems and there was a legitimate concern that courts would be inundated with cases that did not really contain any new law, but which had been retrieved from electronic sources. In the case of Roberts Petroleum Ltd v Bernard Kenny Ltd [1983] 2 AC 192, the House of Lords took the step of forbidding the citation of unreported cases of the civil division of the Court of Appeal without special leave. The rule remains, however, that to be an accepted version that can be quoted in court the report must have been prepared and published by a barrister. When law students read law reports they must ask: (a) is this report the most authoritative version available? (b) are there fuller versions? (c) if unreported, does this case add to the law? Figure 4.2, below, sets out the types of reports available for the law student to consult.

2012 ◽  
pp. 78-79

1880 ◽  
Vol s6-II (40) ◽  
pp. 264-265
Author(s):  
F. Sydney Waddington
Keyword(s):  
The Law ◽  

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Eugene E. Mniwasa

Purpose This paper aims to examine the money laundering vulnerability of private legal practitioners in Tanzania, the involvement of these practitioners in money laundering activities and their role in preventing, detecting and thwarting money laundering and its predicate crimes. Design/methodology/approach The paper applies the “black-letter” law research approach to describe, examine and analyze the anti-money laundering law in Tanzania. It also uses the “law-in-context” research approach to interrogate the anti-money laundering law and to provide an understanding of factors impacting on the efficacy and readiness of private legal practitioners in Tanzania to tackle money laundering. The review of literature and analysis of statutory instruments and case law, reports of the anti-money laundering authorities and agencies and media reports-generated data are used in this paper. This information was complemented by data from interviews of purposively selected private legal practitioners. Findings Private legal practitioners in Tanzania are vulnerable to money laundering. There is an emerging evidence that indicates the involvement of some private legal practitioners in the commission of money laundering and/or its predicate crimes. The law designates the legal practitioners as reporting persons and imposes on the obligation to fight against money laundering. Law-related factors and practical challenges undermine the capacity of the legal practitioners to curb money laundering. Additionally, certain hostile perceptions contribute to the legal practitioners’ unwillingness, indifference or opposition against the fight against money laundering. Research limitations/implications The paper underscores the need for Tanzania to reform its policy and legal frameworks to create enabling environment for anti-money laundering gatekeepers, including private legal practitioners to partake efficiently in the fight against money laundering. It also underlines the importance of incorporating the principles that govern the private legal practise to enable the practitioners to partake effectively in tackling money laundering. Originality/value This paper generates useful information to private legal practitioners, policy makers and academicians on issues relating to money laundering and its control in Tanzania and presents recommendations on possible policy and legal reforms that can be adopted and applied to augment the role of the legal practitioners in Tanzania to combat money laundering.


2009 ◽  
Vol 18 (3) ◽  
pp. 692-726 ◽  
Author(s):  
Russell Smyth
Keyword(s):  
The Law ◽  

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