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Sources of English Legal History: Public Law to 1750


ISBN13: 9780199546794
Published: January 2024
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £150.00



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Sources of English Legal History: Public Law to 1750 is the definitive source book on the foundations of English public law. A companion to Baker and Milsom's Sources of English Legal History: Private Law to 1750 2e (OUP, 2010), this new volume offers an extensive collection of illustrative original materials, many of which are previously unpublished. It contains significant new material on the history of habeas corpus, mandamus, and certiorari, as well as well-known constitutional landmarks from the earliest times to 1750.

Writing on the history of public law has tended to focus solely on the texts of statutes and formal records. In contrast, the present book concentrates on the forensic arguments and judicial decisions that led to the emergence of legal principles in the field of public law, including criminal law and the regulation of jurisdictions. It illuminates the growth of public law during the medieval and early modern periods, addressing the state's legislative and judicial organs, its coercive functions, and more broadly, the respective powers of the crown and parliament.

The first work of its kind, this book is an essential resource for anyone interested in legal and constitutional history.

Subjects:
Legal History, General Interest
Contents:
Preface
Acknowledgments
Table of Statutes and other Legislation
Alphabetical Table of Named Cases
Table of Cases cited by Year
Table of Extracts from Lectures and Treatises
List of Abbreviations

1:The Monarchy
2:Devolution of the Crown
3:Charters and Confirmations of Liberties
4:The King and the Rule of Law
5:The High Court of Parliament
6:Parliamentary Legislation
7:Subordinate Legislation
8:The Central Courts of Common Law
9:The Court of Chancery
10:Conciliar Courts
11:The Church and Its Jurisdiction
12:The High Commission
13:Local Authority and Jurisdiction
14:Liberty of the Person
15:Taxation and Purveyance
16:Freedom of Trade
17:Treason
18:Homicide
19:Offences in Respect of Property
20:Criminal Responsibility
21:Criminal Procedure
22:The Death Penalty and Its Avoidance
23:The Boundaries of English Law

Index of names
Index of subjects