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Fitzherbert's Abridgment
Books of authority is a term used by legal writers to refer to a number of early legal textbooks that are excepted from the rule that textbooks (and all books other than statute or law report) are not treated as authorities by the courts of England and Wales and other common law jurisdictions. These books are treated by the courts as authoritative statements of the law as it was at the time at which they were written, on the authority of their authors alone. Consequently, they are treated as authoritative statements of the law as it is at the present time, unless it is shown that the law has changed, and may be cited and relied on in court as such. The statements made in these books are presumed to be evidence of judicial decisions which are no longer extant. The primary reason for this practice is the difficulty associated with ascertaining the law of the medieval and early modern periods. On the subject of this practice, William Blackstone said: Abridgements of the year books ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Textbook
A textbook is a book containing a comprehensive compilation of content in a branch of study with the intention of explaining it. Textbooks are produced to meet the needs of educators, usually at educational institutions. Schoolbooks are textbooks and other books used in schools. Today, many textbooks are published in both print and digital formats. History The history of textbooks dates back to ancient civilizations. For example, Ancient Greeks wrote educational texts. The modern textbook has its roots in the mass production made possible by the printing press. Johannes Gutenberg himself may have printed editions of ''Ars Minor'', a schoolbook on Latin grammar by Aelius Donatus. Early textbooks were used by tutors and teachers (e.g. alphabet books), as well as by individuals who taught themselves. The Greek philosopher Socrates lamented the loss of knowledge because the media of transmission were changing. Before the invention of the Greek alphabet 2,500 years ago, knowledge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir Edward Coke
''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as part of "Monsieur", with the equivalent "My Lord" in English. Traditionally, as governed by law and custom, Sir is used for men titled as knights, often as members of orders of chivalry, as well as later applied to baronets and other offices. As the female equivalent for knighthood is damehood, the female equivalent term is typically Dame. The wife of a knight or baronet tends to be addressed as Lady, although a few exceptions and interchanges of these uses exist. Additionally, since the late modern period, Sir has been used as a respectful way to address a man of superior social status or military rank. Equivalent terms of address for women are Madam (shortened to Ma'am), in addition to social honorifics such as Mrs, Ms or Miss. Etymo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Institutes Of The Lawes Of England
The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cited in over 70 cases decided by the Supreme Court of the United States, including several landmark cases. For example, in ''Roe v. Wade'' (1973), Coke's ''Institutes'' are cited as evidence that under old English common law, an abortion performed before quickening was not an indictable offence. In the much earlier case of '' United States v. E. C. Knight Co.'' (1895), Coke's ''Institutes'' are quoted at some length for their definition of monopolies. The ''Institutes's'' various reprinted editions well into the 19th century is a clear indication of the long lasting value placed on this work throughout especially the 18th century in Britain and Europe. It has also been associated through the years with high literary connections. For exampl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
La Novelle Natura Brevium
''La Novelle Natura Brevium'' (1534) was a treatise on English law by Anthony Fitzherbert. It is often cited in judgments today across the common law world, and represents an important tract on the rules of common law in the 16th century. *On skill and care: "If a smith prick my horse with a nail, I shall have my action on the case against him, without any warranty by the smith to do it well"; and he supports it with an excellent reason: "for it is the duty of every artificer to exercise his art rightly and truly as he ought". (94D) *On deceit: ‘And if a man play with another at dice, and he have false dice with which he playeth, and get the other’s money with these false dice, he who loseth his money may have his action upon the case for this deceit and the form of the writ is such… contriving deceitfully to defraud…’ (950) *On trespass to land: “If A. and B. have lands adjoining, where there is no enclosure, the one shall have trespass against the other on an escape ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Textual Criticism
Textual criticism is a branch of textual scholarship, philology, and of literary criticism that is concerned with the identification of textual variants, or different versions, of either manuscripts or of printed books. Such texts may range in dates from the earliest writing in cuneiform, impressed on clay, for example, to multiple unpublished versions of a 21st-century author's work. Historically, scribes who were paid to copy documents may have been literate, but many were simply copyists, mimicking the shapes of letters without necessarily understanding what they meant. This means that unintentional alterations were common when copying manuscripts by hand. Intentional alterations may have been made as well, for example, the censoring of printed work for political, religious or cultural reasons. The objective of the textual critic's work is to provide a better understanding of the creation and historical transmission of the text and its variants. This understanding may lead to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Chief Sources Of English Legal History
''The Chief Sources of English Legal History'' is a book written by Percy Henry Winfield and published, with an introduction by Roscoe Pound, by Harvard University Press in 1925. It is "bright and lively", "eminently readable", "admirable" and of "great value and usefulness".Hicks, Frederick C. "Book Reviews" (1926) 35 Yale Law Journal 894JSTOR References *Winfield, Percy H. The Chief Sources of English Legal History. Harvard University Press. 1925Snippet view Reprinted by Beard Books. 2000. Preview Google Books. *Mott, Rodney L. "Book Reviews" (June 1926) The Mississippi Valley Historical Review. Vol 13, No 1. Pages 84 to 86JSTOR *Julius Goebel Jr. (September 1926) Political Science Quarterly. Vol 41, No 3. Pages 476 to 479JSTOR *Plucknett, Thoedore F T. "Book Reviews" (1926) 39 Harvard Law Review 40JSTOR *Zane, John M. "Current Legal Literature". (1926) 12 American Bar Association Journal 172JSTOR *Putnam, Bertha Haven. "Reviews of Books" (July 1926) The American Historical Revie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Percy Henry Winfield
Sir Percy Henry Winfield (16 September 1878 – 7 July 1953) was Rouse Ball Professor of English Law between 1928 and 1943."Obituary" (1953103The Law Journal 466 (17 July 1953) He was born at Stoke Ferry in Norfolk. He died at his home at 13 Cranmer Road in Cambridge. He was married to Lady Helena Winfield, ''née'' Scruby (1887 - 1954). He was a fellow of St John's College, Cambridge. Works He was the author of *''The History of Conspiracy and Abuse of Legal Procedure''. 1921. *''The Present Law of Abuse of Legal Procedure''. 1921. *''The Chief Sources of English Legal History ''The Chief Sources of English Legal History'' is a book written by Percy Henry Winfield and published, with an introduction by Roscoe Pound, by Harvard University Press in 1925. It is "bright and lively", "eminently readable", "admirable" and of ...''. 1925. *''The Principles of International Law''. By T J Lawrence. 7th Ed: 1923. Reprinted 1930, 1931. *''A Handbook of Public International Law''. By ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Treatise
A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. There is no fixed usage on what books qualify as a "legal treatise", with the term being used broadly to define books written for practicing attorneys and judges, textbooks for law students, and explanatory texts for laypersons. The treatise may generally be loose leaf bound with rings or posts so that updates to laws covered by the treatise and annotated by the editor may be added by the subscriber to the legal treatise. Legal treatises are secondary authority, and can serve as a useful starting point for legal research, particularly when the researcher lacks familiarity with a particular area of law. Lawyers commonly use legal treatises in order to review the law and update their knowledge of pertinent primary authority namely, case law, statutes, and administrative regulations. In law schools, treatises are sometimes used a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Procedural Law
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, right to confront accusers as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, though different jurisdictions have various exceptions), with those rights en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry De Bracton
Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton (c. 1210 – c. 1268) was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinibus Angliæ'' ("On the Laws and Customs of England") and his ideas on ''mens rea'' (criminal intent). According to Bracton, it was only through the examination of a combination of action and intention that the commission of a criminal act could be established. He also wrote on kingship, arguing that a ruler should be called king only if he obtained and exercised power in a lawful manner. In his writings, Bracton manages to set out coherently the law of the royal courts through his use of categories drawn from Roman law, thus incorporating into English law several developments of medieval Roman law. Life Plucknett describes Bracton in this way: "Two generations after Ranulf de Glanvill we come to the flower and crown of English jurisprudenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tractatus Of Glanvill
The (''Treatise on the Laws and Customs of the Kingdom of England''), often called ''Glanvill treatise'', is the earliest treatise on English law. Attributed to Ranulf de Glanvill (died 1190) and dated 1187–1189, it was revolutionary in its systematic codification that defined legal process and introduced writs, innovations that have survived to the present day. It is considered a book of authority in English common law. Written for Henry II () as the culmination of his long struggle to return the kingdom to peace and prosperity following years of anarchy, the ''Tractatus'' is fairly described as the means to implement Henry's objectives. It would be supplanted as a primary source of English law by the ''De legibus et consuetudinibus Angliae'' (''On the Laws and Customs of England'') of Henry de Bracton (), which itself owes much of its heritage to the ''Tractatus''. There has been debate over the actual author of all or parts of the ''Tractatus''. The legal opinions of Gla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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