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Collected Papers on English Legal History

John Baker

ISBN13: 9781107020436

Published: October 2013

Publisher: Cambridge University Press

Country of Publication: UK

Format: Hardback, 3 Volumes in Slipcase

Price: £369.00

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Over the last forty years, Sir John Baker has written on most aspects of English legal history, and this collection of his writings includes many papers that have been widely cited.

Providing points of reference and foundations for further research, the papers cover the legal profession, the inns of court and chancery, legal education, legal institutions, legal literature, legal antiquities, public law and individual liberty, criminal justice, private law (including contract, tort and restitution) and legal history in general.

An introduction traces the development of some of the research represented by the papers, and cross-references and new endnotes have been added. A full bibliography of the author's works is also included.

Subjects:: Legal History

Contents:: 1. The English legal profession, 1450-1550; 2. Counsellors and barristers; 3. Solicitors and the law of maintenance, 1590-1640; 4. The degree of barrister; 5. Audience in the courts; 6. The rank of Queen's Counsel; 7. The third university of England; 8. The Inns of Court in 1388; 9. The division of the Temple: Inner, Middle and Outer; 10. The Inn of the Outer Temple; 11. The Old Constitution of Gray's Inn; 12. The Ancient and Honourable Society of Gray's Inn; 13. The Inns of Court and Chancery as voluntary associations; 14. The judges as visitors to the Inns of Court; 15. Oral instruction in land law and conveyancing, 1250-1500; 16. Legal education in London, 1250-1850; 17. The Pekynnes; 18. Learning exercises in the medieval Inns of Court and Chancery; 19. The Old Moot Book of Lincoln's Inn; 20. Readings in Gray's Inn, their decline and disappearance; 21. The Inns of Court and legal doctrine; 22. Roman law at the third university of England; 23. The Inns of Court: law school or finishing school?; 24. The changing concept of a court; 25. From lovedays to commercial arbitration; 26. Personal actions in the High Court of Battle Abbey, 1450-1602; 27. Judicial Conservatism in the Tudor Common Pleas, 1500-1560; 28. The common lawyers and the Chancery: 1616; 29. The three languages of the common law; 30. Case-law in medieval England; 31. Dr Thomas Fastolf and the history of law reporting; 32. John Bryt's reports and the year books of Henry IV; 33. Case-law in England and continental Europe; 34. The books of the common law, 1440-1557; 35. English law books and legal publishing, 1557-1695; 36. Books of entries; 37. Manuscripts in the Inner Temple; 38. Common lawyers' libraries before 1640; 39. John Rastell and the terms of the law; 40. Coke's notebooks and the sources of his reports; 41. John Selden and English legal history; 42. The Newe Littleton; 43. Sir Thomas Robinson; 44. Westminster Hall; 45. English judges' robes, 1350-2008; 46. The earliest serjeants' rings; 47. The collar of SS; 48. The mystery of the Bar gown; 49. Personal liberty under the common law, 1200-1600; 50. An English view of the Anglo-Hibernian Constitution in 1670; 51. Human rights and the rule of law in Renaissance England; 52. Equity and public law in England; 53. Some early Newgate reports, 1315-26; 54. The refinement of English criminal jurisprudence, 1500-1848; 55. Criminal courts and procedure, 1550-1800; 56. Torture and the law of proof; 57. The Tudor law of treason; 58. Criminal justice at Newgate, 1616-27; 59. Le brickbat que narrowly mist; 60. The history of the common law of contract; 61. Covenants and the law of proof, 1290-1321; 62. New light on Slade's case; 63. The origins of the 'doctrine' of consideration, 1535-85; 64. Privity of contract in the common law before 1680; 65. The rise and fall of freedom of contract; 66. The law merchant and the common law before 1700; 67. The law merchant as a source of English law; 68. The use of assumpsit for restitutionary money claims, 1500-1800; 69. Bezoar-stones, gall-stones, and gem-stones: the action on the case for deceit; 70. The common law of negligence, 1500-1700; 71. Dower of personalty, 1250-1450; 72. Sir John Melton's case, 1535; 73. Funeral monuments and the heir; 74. Charity and perpetuity: the commemoration of benefactors; 75. The dark age of English legal history, 1500-1700; 76. Editing the sources of English legal history; 77. Kiralfy's action on the case; 78. Words and fictions: male and married spinsters; 79. Legal process as reported in correspondence; 80. 'Authentic testimony'?: fact and law in legal records; 81. English law and the Renaissance; 82. The common law in 1608; 83. Why the history of English law has not been finished; 84. Why should undergraduates study legal history?; Bibliography of writings by Sir John Baker.