Jump to ContentJump to Main Navigation

You are looking at 1-8 of 8 items for:

  • Keywords: Jeremy Bentham x
  • Legal History x
Clear All Modify Search

View:

Blackstone and Bentham: The Law of Nations and International Law

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0001
Subject:
Law, Public International Law, Legal History

English jurist, William Blackstone's Commentaries, published between 1765 and 1769, transmitted the common law's traditional perception of the law of nations to American lawyers who would declare ... More


Theories of Law and Government

William Cornish, Michael Lobban, and Keith Smith

in The Oxford History of the Laws of England: Volume XI: 1820–1914 English Legal System

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258819
eISBN:
9780191718151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258819.003.0004
Subject:
Law, Legal History

This chapter on theories of law and government begins with a discussion of the thought of Jeremy Bentham. It then discusses John Austin's reformulation of the province of jurisprudence, intuitionists ... More


‘Useful and Agreeable’ (1770–80)

Wilfrid Prest

in William Blackstone: Law and Letters in the Eighteenth Century

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199550296
eISBN:
9780191720925
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199550296.003.0013
Subject:
Law, Legal History

Blackstone evidently presented a somewhat forbidding countenance, both in and out of court, especially in his later years. But while neither gregarious nor sociable, he maintained a number of close ... More


Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Denis Galligan (ed.)

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.001.0001
Subject:
Law, Legal History, Constitutional and Administrative Law

This book features a collection of writings that emerged from a programme of workshops that took place at Oxford University between 2008 and 2012. The aim of the programme was to examine from a ... More


Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0006
Subject:
Law, Legal History

Chapter 5 considers the broader values with which Americans, including nonlawyers, came to invest adversarial procedure. Troubled by the radical economic transformations of the era (including the ... More


A Troubled Inheritance: The English Procedural Tradition and Its Lawyer-Driven Reconfiguration in Early Nineteenth-Century New York

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0003
Subject:
Law, Legal History

Chapter 2 examines New York Chancery, the leading court of equity in the early United States. It argues that as of about 1800, chancery largely followed English equity’s model of quasi-inquisitorial ... More


Law Making

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0012
Subject:
Law, Legal History

This chapter examines the history of case-law, legislation, and equity, with particular reference to legal change. The common law was evidenced by judicial precedent, but single decisions were not ... More


The Freedmen’s Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0007
Subject:
Law, Legal History

Chapter 6 examines the Freedmen’s Bureau courts as an exception to the otherwise prevailing failure of conciliation courts to take root in American soil. Created to integrate the newly freed ... More


View: