Literature and Law in the Era of Magna Carta

2019 ◽  
Author(s):  
Jennifer Jahner
Keyword(s):  
Common Law ◽  
Early History ◽  
Property Law ◽  
Collective Identities ◽  
Legal Writing ◽  
Magna Carta ◽  
History Of ◽  
Literature And Law ◽  
Corporate Autonomy ◽  
Literary Pedagogy

Literature and Law in the Era of Magna Carta traces the fortunes of literary training and experimentation across the early history of the English common law, from its beginnings in the reign of Henry II to its tumultuous consolidations under the reigns of John and Henry III. The period from the mid-twelfth through the thirteenth centuries witnessed an outpouring of innovative legal writing in England, from Magna Carta to the scores of statute books that preserved its provisions. An era of civil war and imperial fracture, it also proved a time of intensive self-definition, as communities both lay and ecclesiastic used law to articulate collective identities. Literature and Law in the Era of Magna Carta uncovers the role that grammatical and rhetorical training played in shaping these arguments for legal self-definition. Beginning with Thomas Becket, the book interweaves the histories of literary pedagogy and English law, showing how foundational lessons in poetics helped generate both a language and theory of corporate autonomy. Geoffrey of Vinsauf’s phenomenally popular Latin compositional handbook, the Poetria nova, finds its place against the diplomatic backdrop of the English Interdict, while Robert Grosseteste’s Anglo-French devotional poem, the Château d’Amour, is situated within the landscape of property law and Jewish-Christian interactions. Exploring a shared vocabulary across legal and grammatical fields, this book argues that poetic habits of thought proved central to constructing the narratives that medieval law tells about itself and that later scholars tell about the origins of English constitutionalism.

Ludwig von Mühlenfels als Advocatus Schleiermacheri. Ein Nachtrag zu: Der unpfäffische Schleiermacher. Karl Gutzkow und das Schleiermacher-Bild des Jungen Deutschlands – Zur Konstruktion eines Gegenmythos (JHMTh/ZNThG 24, 2017, 240–299)

2018 ◽  
Vol 25 (1-2) ◽  
pp. 235-276
Author(s):  
Hermann Patsch
Keyword(s):  
Public Service ◽  
Extended Family ◽  
Early History ◽  
Private Tutor ◽  
Friedrich Schleiermacher ◽  
Court Ruling ◽  
Legal Code ◽  
Legal Writing ◽  
Literary Figure ◽  
History Of

Abstract Ludwig von Mühlenfels as Advocatus Schleiermacheri. An addendum. The editorial copy of the “Allgemeine Zeitung” has survived in the Cotta-Archive with the names of the contributors. This has made it possible to identify belatedly the author of the apologia “Another word about Schleiermacher” in the “Außerordentliche Beilage der Allgemeinen Zeitung” (Augsburg) of April 2, 1834. It was Ludwig Friedrich von Mühlenfels (1793–1861). Mühlenfels, who led a rather varied life, was related to Schleiermacher’s wife Henriette, and thus belonged to Schleiermacher’s extended family. (1) Member of Lützow’s Freicorps. On Schleiermacher’s suggestion, Mühlenfels participated in the war of liberation against Napoleon as a volunteer with the “Black Hunters”, in the end in the so-called Battle of the Nations at Leipzig. He finished the study of law in 1816 and, on probation, joined the prosecutor’s office in Cologne where the French legal code was still in force. (2) Incarcerated as a demagogue under the investigating judge E. T. A. Hoffmann. Mühlenfels became one of the formative figures in the early history of German fraternities and participated in the Wartburg Festival in October 1817. He was arrested in July 1819 by the authorities in Berlin, charged with activities as a demagogue and incarcerated in Berlin on September 17. Mühlenfels contested the jurisdiction of the authorities in Berlin and refused to testify. The investigative judge was the writer and composer E. T. A. Hoffmann who wanted to have Mühlenfels released, and who later used him as a literary figure in a satirical novel. (3) Flight from Berlin – Exile in Sweden. On May 5, 1821, Mühlenfels succeeded in fleeing to Sweden where he made a meagerly living as a private tutor. (4) Professor for German and Scandinavian Literature in London – Return to Prussia. In October 1827, Mühlenfels reached London. Supported by some German scholars, he obtained the Chair for German and Scandinavian at the newly founded University College. He taught there until 1831 and publishedseveral textbooks. When he was acquitted by a court ruling in 1830, he returned to the Prussian public service in August 1831 and gradually built a solid career. (5) The defender of Schleiermacher. His apologia of Schleiermacher written in opposition to the obituary by Gutzkow is a masterpiece of literary and legal writing. – First publication: Six letters between Mühlenfels, Henriette and Friedrich Schleiermacher, and Georg Andreas Reimer.

Eighteenth-Century Professorial Classification of English Common Law

2015 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Eighteenth Century ◽  
Detailed Analysis ◽  
Common Law ◽  
Early History ◽  
The Third ◽  
Analytical Structure ◽  
History Of University ◽  
History Of ◽  
English Law

This chapter assesses the work of Sir Robert Chambers by comparing it with that of other professors of English law. It focuses on the analytical structure Chambers gave to English law. The first part briefly discusses the early history of university lectures and, in particular, the adoption of the structure of Justinian’s Institutes. This is followed by an account of the problems encountered by professors of English law in setting forth their subject, and of the solutions they adopted. The third section provides a detailed analysis of the structure Chambers used for his lectures in comparison with that used by Blackstone. This is followed by some general conclusions and observations.

Introduction

2019 ◽  
pp. 1-32
Author(s):  
Thomas J. McSweeney
Keyword(s):  
Thirteenth Century ◽  
Canon Law ◽  
Common Law ◽  
Early History ◽  
First Century ◽  
Central Question ◽  
History Of ◽  
The Common ◽  
The Law

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.

The Origin and Early History of the Writs of Entry

2007 ◽  
Vol 25 (3) ◽  
pp. 513-556
Author(s):  
Joseph Biancalana
Keyword(s):  
Distinctive Feature ◽  
Common Law ◽  
Early History ◽  
First Century ◽  
Legal Reforms ◽  
History Of ◽  
The Common ◽  
The Creation

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.

1 The Historical Origins of the ‘Penalty’ Rule

2018 ◽  
Author(s):  
Halson Roger
Keyword(s):  
Historical Perspective ◽  
Common Law ◽  
Early History ◽  
Appellate Courts ◽  
High Court ◽  
The Supreme Court ◽  
History Of ◽  
Penalty Clauses ◽  
The Uk ◽  
High Court Of Australia

The penalty doctrine has recently been subject to extensive review in the highest appellate courts of the Supreme Court of the UK and the High Court of Australia. Despite the agreement between senior appellate tribunals in the two major common law jurisdictions on the importance of a historical perspective, both propose subtly different historical analyses to justify very different conclusions about the ambit of the modern common law jurisdiction to set aside so-called penalties. This disagreement makes necessary an investigation of the history of the control of penalty clauses back to its earliest origins, in order to understand the modern doctrine. This chapter discusses the early history prior to 1600, later history from 1600 to 1915, and the case of Dunlop Pneumatic Tyre Co v New Garage and Motor Co (1915).

The Nobility and the State in Angevin and Post-Angevin England

2019 ◽  
pp. 401-441
Author(s):  
Peter Coss
Keyword(s):  
Thirteenth Century ◽  
Power Relations ◽  
Common Law ◽  
The State ◽  
Half Century ◽  
Magna Carta ◽  
History Of ◽  
The Common ◽  
The Impact

This chapter examines the fortunes of the aristocracy in England between the mid-twelfth and the mid-thirteenth century, beginning with the impact of Angevin kingship upon the aristocratic world and the great aristocratic revolt which led to Magna Carta. We will look at the impact of the Common Law upon both the high aristocracy and minor aristocracy/knights. We turn then to examining the changes that were taking place within the aristocracy itself within this period, that is to say the impact of chivalric knighthood and the delineation of nobility. The emphasis throughout is upon power relations rather than the development of the ‘constitution’. The chapter also looks at aristocratic values through the near-contemporary History of William the Marshal. The last part of the chapter looks at the half-century following Magna Carta, not in teleological terms. but in its own right. Finally, the chapter re-examines the origins of bastard feudalism.

Some early history of replica techniques for electron microscopy

1992 ◽  
Vol 50 (2) ◽  
pp. 1076-1077
Author(s):  
Robert M. Fisher
Keyword(s):  
Thin Film ◽  
Electron Microscopy ◽  
Optical Microscope ◽  
Early History ◽  
Bulk Materials ◽  
Thin Sections ◽  
Transmission Electron ◽  
Reflected Light ◽  
History Of ◽  
Electron Microscopes

By 1940, a half dozen or so commercial or home-built transmission electron microscopes were in use for studies of the ultrastructure of matter. These operated at 30-60 kV and most pioneering microscopists were preoccupied with their search for electron transparent substrates to support dispersions of particulates or bacteria for TEM examination and did not contemplate studies of bulk materials. Metallurgist H. Mahl and other physical scientists, accustomed to examining etched, deformed or machined specimens by reflected light in the optical microscope, were also highly motivated to capitalize on the superior resolution of the electron microscope. Mahl originated several methods of preparing thin oxide or lacquer impressions of surfaces that were transparent in his 50 kV TEM. The utility of replication was recognized immediately and many variations on the theme, including two-step negative-positive replicas, soon appeared. Intense development of replica techniques slowed after 1955 but important advances still occur. The availability of 100 kV instruments, advent of thin film methods for metals and ceramics and microtoming of thin sections for biological specimens largely eliminated any need to resort to replicas.

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