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14 results

  • 14 - Judiciaries

  • from Part II - Actors and Institution
  • Edited by Peter Cane, Christ's College, Cambridge and Australian National University, H. Kumarasingham, University of Edinburgh
  • Book:
    The Cambridge Constitutional History of the United Kingdom
    Published online:
    12 August 2023
    Print publication:
    17 August 2023, pp 359-385

  • Summary

    Judiciaries in England emerged from four interacting historical sources. At the foundation lay the authority of monarchs empowered to judge their subjects’ rights, duties and status by virtue of the regal office. The second form of judiciary arose by royal delegation of decisional power to dedicated judges sitting in permanent courts of common law, or to executive courts with a more political mandate. A third source of judicial power was local and widely distributed, whereby groups or associations or sub-units of government solved disputes and allocated rights and duties as a process of self-direction, taking place for example in manors, boroughs, guilds, and church assemblies.

Judges and Judging in the History of the Common Law and Civil Law
  • From Antiquity to Modern Times
  • Edited by Paul Brand, Joshua Getzler
  • Published online:
    05 February 2012
    Print publication:
    12 January 2012
  • 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.

  • Chancery Reform and Law Reform

  • Joshua Getzler
  • Journal:
    Law and History Review / Volume 22 / Issue 3 / Fall 2004
    Published online by Cambridge University Press:
    28 October 2011, pp. 601-608
    Print publication:
    Fall 2004

  • Michael Lobban shows how dissatisfaction with the law-equity split in English civil justice predated the Judicature Act reforms by two generations at least (one could argue two-and-a half centuries or more—periodization fails quickly). Lobban links the first modern debates over fusion to high legal politics on the one hand and to the more intricate internal problems of evidence, procedure, and jurisdiction on the other. Lawyers of the earlier Victorian age found the Chancery system bequeathed to them by Lord Eldon to be intolerable on two counts: it represented Old Corruption or monopolistic private control of public offices and it exacted heavy costs in procedural inconvenience, cost, and delay. Lobban does not see ideology such as Benthamite philosophy driving the rationalization of Chancery doctrine and institutions though he does not dismiss this factor entirely.