Eighteenth-Century Professorial Classification of English Common Law

Author(s):  
John W Cairns

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.

1921 ◽  
Vol 1 (1) ◽  
pp. 60-75
Author(s):  
T. F. T. Plucknett

Under the above title Professor Maitland gave a characteristic study of the relations of the Common Law Courts to the Canon Law in the reign of Edward the Third. His object was to trace the history of an attempt by the temporal authority to “enforce” (for its own ends) the provisions of the papal Extravagant “Execrabilis” by securing its recognition in the Court of Common Pleas and excluding the spiritual Courts from their claim to the sole cognizance of the matters covered by the Bull. To his treatment of the subject it may be objected, with all due deference, that the Bull Execrabilis, interesting as it is, cannot be regarded as an altogether new factor in English law calling into operation an entirely new set of phenomena that can be isolated and studied alone; on the contrary, when the Bull made its first appearance in the English Courts of Common Law it became immediately involved in a fairly old dispute between the spiritual and temporal jurisdictions. This aspect of the subject received no consideration in Maitland's essay, with the result that his treatment of the matter is incomplete and in one important particular incorrect.


Author(s):  
Filippo Ranieri

Summary The numerous translations through which the Commentaries on the Laws of England by William Blackstone – a milestone in the history of the common law – became known in France, and thus contributed for the first time to acquaint French jurists with English law, have been largely neglected by legal historians. The first section of the present contribution introduces the French anglophile visitors to England who, during the second half of the eighteenth century, disseminated the work of William Blackstone and its first translations in France. The biography and work of these first translators require a detailed examination. A second section assesses the influence of these translations, particularly in the legal and political debates on the English trial by jury in the context of revolutionary legislation. A third section considers the later translations of Blackstone’s work during the Napoleonic period and the following years. Finally, a call for further research outlines the impact of that translation literature.


2015 ◽  
pp. 151-158
Author(s):  
A. Zaostrovtsev

The review considers the first attempt in the history of Russian economic thought to give a detailed analysis of informal institutions (IF). It recognizes that in general it was successful: the reader gets acquainted with the original classification of institutions (including informal ones) and their genesis. According to the reviewer the best achievement of the author is his interdisciplinary approach to the study of problems and, moreover, his bias on the achievements of social psychology because the model of human behavior in the economic mainstream is rather primitive. The book makes evident that namely this model limits the ability of economists to analyze IF. The reviewer also shares the author’s position that in the analysis of the IF genesis the economists should highlight the uncertainty and reject economic determinism. Further discussion of IF is hardly possible without referring to this book.


2011 ◽  
pp. 143-147
Author(s):  
L. G. Naumova ◽  
V. B. Martynenko ◽  
S. M. Yamalov

Date of «birth» of phytosociology (phytocenology) is considered to be 1910, when at the third International Botanical Congress in Brussels adopted the definition of plant association in the wording Including Flaó and K. Schröter (Flahault, Schröter, 1910; Alexandrov, 1969). The centenary of this momentous event in the history of phytocenology devoted to the 46th edition of the Yearbook «Braun-Blanquetia», which began to emerge in 1984 in Camerino (Italy) and it has a task to publish large geobotanical works. During the years of the publication of the Yearbook on its pages were published twice work of the Russian scientists — «The steppes of Mongolia» (Z. V. Karamysheva, V. N. Khramtsov. Vol. 17. 1995), and «Classification of continental hemiboreal forests of Northern Asia» (N. B. Ermakov in collaboration with English colleagues and J. Dring, J. Rodwell. Vol. 28. 2000).


1991 ◽  
Vol 86 ◽  
pp. 149-271 ◽  
Author(s):  
Nicoletta Momigliano

This article is a critical reassessment of the major Knossian deposits assigned by Evans to the Middle Minoan I A phase. It is divided into three main sections: first, an introduction, in which the author discusses the development of the definition of Knossian MM IA pottery; second, a detailed discussion of each deposit, based upon a systematic and first-hand re-examination of the ceramic material, and of the relevant written sources; third, a discussion of the problems concerning the classification of these deposits, and a typological study of their ceramic assemblages. The picture of Knossian MM IA pottery which emerges from this study is remarkably different from that presented by Evans, which is generally accepted. This has further implications not only for the study of Minoan pottery, but also for the early history of the site.


A brief review of the major advances since 1979 in Silurian and Devonian palaeobotany is followed by a preliminary report on a Gedinnian assemblage from the Welsh Borderland. This is dominated by rhyniopsids and includes several species of Cooksonia and Salopella . Spores have been isolated from a number of taxa. The assemblage is used to illustrate the problems of recognition and classification of early vascular plants. Parallel sedimentological and palaeogeographical studies permit speculation on the ecology and life histories of the plants that colonized the Old Red Continent. It is concluded that the lack of well preserved and independently dated assemblages from elsewhere in the world (an exception being the Baragwanathia flora of Australia) prevents the detection of any provincialism in the late Silurian and early Devonian and makes generalizations on the early history of vascular plants premature.


Author(s):  
John B. Nann ◽  
Morris L. Cohen

This chapter describes current sources and techniques useful for finding seventeenth- and eighteenth-century laws of England and introduces some methods an attorney in England in the seventeenth and eighteenth centuries might have used. Before researchers can find the law, they must know what was considered to be the source of law in the period being investigated. Reporting, publishing, and finding cases has been important in English law for centuries. Parliamentary enactments during the colonial period also play an important part in the framework surrounding any particular legal issue. Meanwhile, English law is built on a foundation of common law, which is built on case law. As such, finding cases that relate to a particular topic is critical in research. A good case-finding option is a digest of cases; these have been written over the centuries, as have abridgments and treatises on particular areas of law.


Author(s):  
Stephen Menn ◽  
Justin E. H. Smith

The life of Anton Wilhelm Amo is summarized, with close attention to the archival documents that establish key moments in his biography. Next the history of Amo’s reception is considered, from the first summaries of his work in German periodicals during his lifetime, through his legacy in African nationalist thought in the twentieth century. Then the political and intellectual context at Halle is addressed, considering the likely influence on Amo’s work of Halle Pietism, of the local currents of medical philosophy as represented by Friedrich Hoffmann, and of legal thought as represented by Christian Thomasius. The legacy of major early modern philosophers, such as René Descartes and G. W. Leibniz, is also considered, in the aim of understanding how Amo himself might have understood them and how they might have shaped his work. Next a detailed analysis of the conventions of academic dissertations and disputations in early eighteenth-century Germany is provided, in order to better understand how these conventions give shape to Amo’s published works. Finally, ancient and modern debates on action and passion and on sensation are investigated, providing key context for the summary of the principal arguments of Amo’s two treatises, which are summarized in the final section of the introduction.


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.


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