A History of English Law: Volume XVI

1968 ◽  
Vol 81 (8) ◽  
pp. 1884
Author(s):  
Gareth H. Jones ◽  
William S. Holdsworth ◽  
Arthur L. Goodhart ◽  
Harold G. Hanbury
Keyword(s):  
1895 ◽  
Vol 9 (5) ◽  
pp. 364
Author(s):  
J. B. T. ◽  
Frederick Pollock ◽  
Frederic William Maitland
Keyword(s):  

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.


Speculum ◽  
2000 ◽  
Vol 75 (3) ◽  
pp. 702-704 ◽  
Author(s):  
Bruce R. O'Brien
Keyword(s):  

Author(s):  
Stannard John E ◽  
Capper David

This chapter explains how English law got to the point it is at now where it treats breach of condition and fundamental breach as the grounds on which a contract may be terminated. It differentiates between conditions and warranties. Breach of condition is where a contractual term of sufficient importance to justify the non-breaching party terminating the contract is breached. Breach of warranty is where the non-breaching party is only permitted an action for damages. The chapter then assesses the concepts of frustration and frustrating breach, and traces the history of the development of the law on frustration. A contract is frustrated when some unforeseeable supervening event occurs that without the fault of either party essentially destroys the bargain they have made. Where a contract is frustrated, both parties are released from their obligations of future performance.


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.


Author(s):  
Brian Sloan

This chapter provides an introduction to wills. A will or testament is the declaration in a prescribed manner of the intention of the person making it with regard to matters which he wishes to take effect upon or after his death. The general effect of a will is that the legal interest in the deceased’s estate passes to his personal representatives, while the beneficiaries obtain a form of equitable right in it. The chapter discusses the long history of the will in English law; contracts relating to wills; mutual wills; secret trusts, other constructive trusts, and proprietary estoppel; the content of wills; and the will as a social document.


Author(s):  
Vera Bermingham ◽  
Carol Brennan

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The Calcutt Committee Report on Privacy and Related Matters (1990) defines privacy as ‘the right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information’. While a number of different torts indirectly address wrongful intrusion into another’s privacy, English law has not directly protected privacy in its own right. It was the Human Rights Act 1998 that has made it possible to use breach of confidence in regulating the publication of private information. This chapter looks at the history of the protection of privacy in English law, discusses the current legal approaches to privacy, examines the impact of the Human Rights Act 1998 on this developing area of law, and evaluates English law on privacy in an international context.


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