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Call # KD460.A75 L39 2013
Title Law and legal process : substantive law and procedure in English legal history / edited by Matthew Dyson and David Ibbetson
Imprint Cambridge : Cambridge University Press, 2013
Book Cover
 INTL  KD460.A75 L39 2013    AVAILABLE


Descript. xiii, 358 pages ; 24 cm
Note Includes bibliographical references and index
Summary/Abstract "This collection of papers from the Twentieth British Legal History Conference explores the relationship between substantive law and the way in which it actually worked. Instead of looking at what the courts said they were doing, it is concerned more with the reality of what was happening. To that end, the authors use a wide range of sources, from court records to merchants' diaries and lawyers' letters. The way in which the sources are used reflects the possibilities of legal historical research which are opening up in the twenty-first century, as large databases and digitised images - and even online auction sites - make it a practical possibility to do work at a level which was almost unthinkable only a short time ago"-- Provided by publisher
"He core theme of the conference was Law and Legal Process, broadly interpreted to include all aspects of the interactions between legal practice and legal doctrine. The present volume is a selection of the papers delivered on that theme, reflecting the many ways in which these interactions have occurred in the history of the common law. They range between the study of a single case (Holmes) to the wide-ranging consideration of the nature of law at the interface of substance and process (Donahue)"-- Provided by publisher
Subject Practice of law -- Great Britain -- Congresses
Practice of law -- Great Britain -- History
Procedure (Law) -- Great Britain -- Congresses
Procedure (Law) -- Great Britain -- History
Alt Author Dyson, Matthew, 1982-
Ibbetson, D. J. (David J.),
OCLC # 843124279
Table of Contents
 List of Contributorsix
 List of Abbreviationsxiii
1.̀The hypostasis of a prophecy': legal realism and legal history / Charles Donahue Jr.1
2.Chancery, the justices and the making of new writs in thirteenth-century England / Paul Brand17
3.Copulative complexities: the exception of adultery in medieval dower actions / Gwen Seabourne34
4.Arbitration and the legal profession in late medieval England / Anthony Musson56
5.Privileges and their application in the main English central courts in the fourteenth and fifteenth centuries / Susanne Jenks77
6.Trusts litigation in Chancery after the Statute of Uses: the first fifty years / Neil Jones103
7.assessment of contractual damages at common law in the late sixteenth century / David Ibbetson126 of Joan Peterson: witchcraft, family conflict, legal invention and constitutional theory / Clive Holmes148
9.Criminal informations of the Attorneys-General in the King's Bench from Egerton to North / Henry Mares167
10.Lawyers, merchants, and the law of contract in the long eighteenth century / Warren Swain186
11.Creditors and the feme covert / James Oldham217
12.Legal process as reported in correspondence / John Baker246
13.Legal development in Victorian criminal trials / Phil Handler263
14.̀Cutting the Gordian knot?' Arbitration and company insolvency in the 1870s / Michael Lobban283
15.̀Forty Years On': the British Legal History Conference 1972--2011 / Patrick Polden314