Married Women and the Law: Legal Fiction and Women’s Agency in England, America, and Northwestern EuropeMarried Women and the Law in Premodern Northwest Europe, edited by Cordelia Beattie and Matthew Frank Stevens. Gender in the Middle Ages, vol. 8. Woodbridge, Suffolk, The Boydell Press, 2013. xii, 248 pp. $99.00 US (cloth).Married Women and the Law: Coverture in England and the Common Law World, edited by Tim Stretton and Krista J. Kesselring. Montreal & Kingston, McGill-Queen’s University Press, 2013. xiv, 282 pp. $32.95 US (paper) $100.00 US (cloth).

2015 ◽  
Vol 50 (1) ◽  
pp. 86-97
Author(s):  
Peter Larson
Keyword(s):  
Middle Ages ◽  
Common Law ◽  
Married Women ◽  
Legal Fiction ◽  
Northwest Europe ◽  
The Common ◽  
The Law ◽  
Queen's University ◽  
Women And The Law ◽  
The Middle Ages

Markets and the common law

Legal Studies ◽  
1985 ◽  
Vol 5 (3) ◽  
pp. 320-330
Author(s):  
Jonathan Hill
Keyword(s):  
Middle Ages ◽  
Legal System ◽  
Common Law ◽  
Economic Conditions ◽  
The Common ◽  
The Law ◽  
Historical Origins ◽  
The Middle Ages

The law relating to markets illustrates the extent to which the English legal system bears the indelible stamp of its historical origins. Despite a mass of legislation during the last one hundred and fifty years, the common law of markets has retained much of its significance. Although aspects of the common law dating from the Middle Ages are singularly ill-adapted to contemporary social and economic conditions pressure on parliamentary time and the rigid application of the doctrine ofstare decisis combine to preserve this distinctly anachronistic area of the law.

The Right to Indemnity between Master and Servant

1956 ◽  
Vol 14 (1) ◽  
pp. 101-111 ◽  
Author(s):  
J. A. Jolowicz
Keyword(s):  
Cold Storage ◽  
Common Law ◽  
Married Women ◽  
Law Reform ◽  
Recent Case ◽  
Legal Principle ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Court Of Appeal

The proposition that a master, who has become liable for an injury caused by a servant acting in the course of his employment, can recover an indemnity from the servant is one which has been stated on a number of occasions, but until the recent case of Romford Ice & Cold Storage Co. v. Lister no clear authority could be cited in support. It is true that the master's rights against his servant have been canvassed in at least three modern cases, but in all of them the common law position has been obscured by the application of the Law Reform (Married Women and Tortfeasors) Act, 1935. In Romford Ice & Cold Storage Co. v. Lister, however, by what those interested in legal principle can only regard as a happy chance, it was necessary for the Court of Appeal to deal with the matter independently of the Act.

From Jurisdiction to Juriswriting: At the Expressive Limits of the Law

2014 ◽  
Vol 13 (3) ◽  
pp. 425-445
Author(s):  
Daniel Matthews
Keyword(s):  
Common Law ◽  
Ontological Category ◽  
Legal Fiction ◽  
Theoretical Significance ◽  
Sovereign Authority ◽  
The Common ◽  
The Law ◽  
Critical Intervention

Through the work of Jean-Luc Nancy, and following recent publications that champion the theoretical significance of jurisdiction, this article reads jurisdiction as a technique of legal fiction-making and as capable of exposing an originary ontological category of “being-with.” Rather than thought of purely as an expression of the law’s sovereign authority, it is argued that jurisdiction is a privileged point at which we can see the law’s fragility and thus open to critical intervention and interruption. Following Nancy’s understanding of “writing” and “literature” as that which exposes being-with, I suggest that we might name such strategies of creative intervention “juriswriting.” This account of jurisdiction, developed by thinking with Nancy’s account of ontology, is explored with reference to the common law constructions of jurisdiction in the sixteenth and seventeenth centuries.

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