Judges and Judging in the History of the Common Law and Civil Law: From Antiquity to Modern Times

doi:10.1017/CBO9781139093613

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Judges and Judging in the History of the Common Law and Civil Law

Judges and Judging in the History of the Common Law and Civil Law

From Antiquity to Modern Times

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Edited by Paul Brand, University of Oxford, Joshua Getzler, University of Oxford

Publisher: Cambridge University Press
Online publication date: February 2012
Print publication year: 2012
Online ISBN: 9781139093613
DOI: https://doi.org/10.1017/CBO9781139093613

Subjects: Legal History, Law, Comparative Law

32.99 (GBP)

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In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

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Judges and Judging in the History of the Common Law and Civil Law

From Antiquity to Modern Times

This Book has been cited by the following publications. This list is generated based on data provided by Crossref.

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Judges and Judging in the History of the Common Law and Civil Law - Half title page
pp i-ii

Judges and Judging in the History of the Common Law and Civil Law: From Antiquity to Modern Times - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vi

Preface
pp vii-xiii

Contributors
pp xiv-xvi

I - Common law
pp 1-174

1 - Judges and judging 1176–1307
pp 3-36

2 - Formalism and realism in fifteenth-century English law:
pp 37-50

3 - Early-modern judges and thepractice of precedent
pp 51-66

4 - Bifurcation and the bench:
pp 67-82

5 - Sir William Scott and the law ofmarriage
pp 83-101

6 - The politics of English law in thenineteenth century
pp 102-137

7 - Judges andthe criminal law in England 1808–61
pp 138-156

8 - Bureaucratic adjudication:
pp 157-174

II - Continental law
pp 175-256

9 - Remedy of prohibition against Roman judges incivil trials
pp 177-191

10 - The spokesmen inmedieval courts:
pp 192-208

11 - Superior courts in early-modern France, England and the Holy Roman Empire
pp 209-233

12 - The Supreme Court of Holland andZeeland judging cases in the early eighteenth century
pp 234-256

III - Imperial law
pp 257-339

13 - 11,000 Prisoners:
pp 259-276

14 - Some difficulties ofcolonial judging:
pp 277-291

15 - Australia’s early High Court, the fourth Commonwealth Attorney-General and the ‘Strike of 1905’
pp 292-305

16 - Judges and judging in colonial New Zealand:
pp 306-339

Index
pp 340-349

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Judges and Judging in the History of the Common Law and Civil Law

From Antiquity to Modern Times

Book description

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