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Southern Cross: Civil Law and Common Law in South Africa

Reinhard Zimmermann and Daniel Visser (eds)

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.001.0001
Subject:
Law, Legal History

This book provides a history of some of the main institutions of South African private law and in so doing explores the process through which integration of the English common law and the continental ... More


‘The Instrumentality of Others’: Railway Accidents and the Courts, 1840–1875

R. W. Kostal

in Law and English Railway Capitalism 1825–1875

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265672
eISBN:
9780191682926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265672.003.0008
Subject:
Law, Legal History

In the 1840s injured railway passengers and employees alike commenced legal actions for damages. It is clear that many lawyers of the era believed that both kinds of accident victims might commence ... More


Ideals, Tradition, and Authority

Fernanda Pirie

in The Anthropology of Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199696840
eISBN:
9780191751110
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696840.003.0005
Subject:
Law, Comparative Law, Philosophy of Law

This chapter discusses the legal traditions of China and ancient Greece, and looks at English common law. It shows that despite claims of embodying rationality and reason, the appeal of tradition is ... More


The English Medieval Common Law (to c. 1307) as a System of National Institutions and Legal Rules: Creation and Functioning

Paul Brand

in Legalism: Anthropology and History

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664269
eISBN:
9780191744686
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664269.003.0007
Subject:
Law, Comparative Law, Legal History

This chapter focuses on a number of aspects of the English common law during a period of just over a century between its initial creation and the first decade of the fourteenth century: the ... More


The Latin of the Early English Common Law

Paul Brand

in Latin in Medieval Britain

Published in print:
2017
Published Online:
September 2017
ISBN:
9780197266083
eISBN:
9780191851476
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266083.003.0006
Subject:
History, British and Irish Medieval History

A distinctive feature of the English royal courts created in the last quarter of the 12th century was that they kept a full record of their business in Latin and the clerks who did this developed a ... More


Introduction

Kurt X. Metzmeier

in Writing the Legal Record: Law Reporters in Nineteenth-Century Kentucky

Published in print:
2016
Published Online:
May 2017
ISBN:
9780813168609
eISBN:
9780813168791
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813168609.003.0001
Subject:
History, American History: 19th Century

The introduction provides the background history of American law reporting. After the American Revolution, the early law reporters helped create a new common law inspired by the law of England but ... More


Any Maid or Woman Child: A New Nation and Its Marriage Laws

Nicholas L. Syrett

in American Child Bride: A History of Minors and Marriage in the United States

Published in print:
2016
Published Online:
May 2017
ISBN:
9781469629537
eISBN:
9781469629551
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469629537.003.0002
Subject:
History, European Medieval History

This chapter explains the English common law and colonial legal antecedents to early national marriage law in the extant states. It argues that the common law marriage ages of twelve (for girls) and ... More


Better a mischief than an inconvenience: “The saiyng self” in Spenser's View of the Present State of Ireland

Judith H. Anderson

in Reading the Allegorical Intertext: Chaucer, Spenser, Shakespeare, Milton

Published in print:
2008
Published Online:
September 2011
ISBN:
9780823228478
eISBN:
9780823241125
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823228478.003.0012
Subject:
Literature, Criticism/Theory

The particular “saiying self” of Spenser, “Better a mischief than an inconvenience,” occurs strikingly twice in the first half of A View of the Present State of Ireland. This saying stands out in a ... More


Remedies for Breach of Contract: A Comparative Account

G. H. Treitel

Published in print:
1988
Published Online:
March 2012
ISBN:
9780198255000
eISBN:
9780191681554
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255000.001.0001
Subject:
Law, Law of Obligations

The victim of a breach of contract may resort to one or more of four remedies: specific enforcement, compensation, refusal to perform, and termination. The availability of these remedies may depend ... More


The Crime of Seditious Libel, and England’s Evisceration of Freedoms of Press and Speech

Wendell Bird

in Press and Speech Under Assault: The Early Supreme Court Justices, the Sedition Act of 1798, and the Campaign against Dissent

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190461621
eISBN:
9780190461980
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190461621.003.0002
Subject:
History, American History: early to 18th Century, Political History

Chapter 2 describes the development of the crime of seditious libel (criticism of government) in English common law, and the crown judges’ purposeful effort to support the government and prosecution ... More


The History of Law and the History of Disputes

John Hudson

in The Oxford History of the Laws of England: 871-1216

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198260301
eISBN:
9780191740640
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260301.003.0001
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter sets out the purpose of the book, which is to engage with various approaches to the history of law. Some scholars, especially historians, have concentrated primarily on royal ideology, ... More


: An Introduction to the Writ of Habeas Corpus

in Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226436975
eISBN:
9780226436968
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226436968.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter explores the habeas remedy, as it originated and evolved in the English common law, and its subsequent development in the United States. The Great Writ of habeas corpus was a legal ... More


Married women and property

Deborah Wilson

in Women, Marriage and Property in Wealthy Landed Families in Ireland, 1750-1850

Published in print:
2009
Published Online:
July 2012
ISBN:
9780719077982
eISBN:
9781781703328
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719077982.003.0006
Subject:
History, Social History

This chapter discusses the role of married woman in the family property distribution and formal–informal powers available to elite woman. Under the English common law doctrine of coverture the legal ... More


The Frequency of Criminal Prosecutions

Wolfgang P. Müller

in The Criminalization of Abortion in the West: Its Origins in Medieval Law

Published in print:
2012
Published Online:
August 2016
ISBN:
9780801450891
eISBN:
9780801464157
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801450891.003.0010
Subject:
History, European Medieval History

This chapter pursues quantitative issues along three different trajectories. First, it questions the validity of statistical analyses that measure the recurrence of crime (as opposed to crime ... More


Marital Rape Laws Globally: Rationales and Snapshots Around the World

Michelle J. Anderson

in Marital Rape: Consent, Marriage, and Social Change in Global Context

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190238360
eISBN:
9780190615208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190238360.003.0012
Subject:
Social Work, Crime and Justice

Anderson traces the proffered rationales for the marital rape exemption under English common law, which provided a normative structure of marriage in which permanent sexual access was a constitutive ... More


The Indian Legal System: An Enquiry

Mahendra Pal Singh and Niraj Kumar

Published in print:
2019
Published Online:
April 2019
ISBN:
9780199489879
eISBN:
9780199095650
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199489879.001.0001
Subject:
Law, Legal History

The contemporary Indian legal system owes its origin predominantly to the English common law system. Although this system ushered modernity in India, it has failed to perform optimally on several ... More


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