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Introduction

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/9780199258819.003.0001
Subject:
Law, Legal History

This introductory chapter presents an overview of the chapters in this part of the book. Chapter II begins by outlining the 19th-century frame of government and law. It then turns to issues of what ... More


General Introduction

Patrick Polden

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/9780199258819.003.0016
Subject:
Law, Legal History

This chapter shows that by the late 19th century changes in structures of the law would seem more notable for what had been preserved than for what had been replaced or transformed. The superior ... More


The Superior Courts of Common Law

Patrick Polden

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/9780199258819.003.0018
Subject:
Law, Legal History

This chapter begins with a discussion of practice and procedure in the superior courts in the 19th century. It then discusses the law of evidence in civil causes, organization and business of the ... More


Introduction

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0007
Subject:
Law, Legal History

This chapter on contract law in the 19th century begins with a discussion of the age of freedom of contract. It then discusses the impact of legal treatises, the influence of procedure, and the ... 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


International Law

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/9780199258819.003.0008
Subject:
Law, Legal History

This chapter treats public international law with a focus upon the extent to which it was allowed to leech into municipal English law, as well as conditioning British conduct of foreign affairs.


Private International Law

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/9780199258819.003.0009
Subject:
Law, Legal History

This chapter outlines the emergence of the conflict of laws or private international law, as a distinct discipline within English municipal law; but one that cannot be severed from either the spread ... More


The Sources and Form of the Criminal Law: The Medium of hange and Development: Consolidation or Codification?

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0006
Subject:
Law, Legal History

This chapter begins with a discussion of the sources of criminal law, covering the growth of criminal treatises, legislative and proto-legislative potential influential sources, and the style and ... More


Sources of Law

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/9780199258819.003.0003
Subject:
Law, Legal History

This chapter concentrates on the sources of English law that were treated within the system as rules of recognition; as authority, in other words, for what the law was, rather than as mere ... More


Government and People

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/9780199258819.003.0002
Subject:
Law, Legal History

This chapter outlines the 19th-century frame of government and law. Topics discussed include: the guarantee of a rule of law; social relations and the parliamentary franchise; executive power subject ... More


Barristers

Patrick Polden

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/9780199258819.003.0031
Subject:
Law, Legal History

This chapter on barristers in the 19th century covers their numbers and composition, preparation for the bar, getting started at the bar, life at the bar, and the inner bar.


The Poor Law

Raymond Cocks

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0014
Subject:
Law, Legal History

This chapter on the poor law in the 19th century begins with a discussion of the English poor law and how it became the most comprehensive system of public poor relief before the coming of the ... More


Foreign Elements in Family Disputes

William Cornish

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0029
Subject:
Law, Legal History

The pragmatic, utilitarian thrust of English private international law in the 19th century meant an absence of commitment either to territory or to person as the presumptive organizing idea of the ... More


International Law

Rosalyn Higgins

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0032
Subject:
Law, Legal History

This chapter focuses on the international law role of the House of Lords. It argues that the handling of international law issues is confident and positive in tone. There is an amplitude of judges ... More


Children's Consent and ‘Assent’ to Healthcare Research

Priscilla Alderson

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0012
Subject:
Law, Family Law, Human Rights and Immigration

The idea of children's ‘assent’ to medical research became part of English law in 2004. However, this overrides English legal traditions of children's consent. Although this chapter concentrates on ... More


Empire's Law

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/9780199258819.003.0007
Subject:
Law, Legal History

This chapter aims to note how both the essential constitutional doctrines and the major rules of private law could fare in the process of adapting the common law to its novel environments; for, among ... More


Classification and Consequences

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0008
Subject:
Law, Comparative Law, Law of Obligations

This chapter compares English and German law of unjustified enrichment in terms of scope, taxonomy, and approach. It shows that the English unjust factor approach and the German absence of legal ... More


Lessons to Be Learned?

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0009
Subject:
Law, Comparative Law, Law of Obligations

This chapter examines whether the comparison between German and English law of unjust(ified) enrichment can be used for developing the law in both legal systems. It first looks at those other areas ... More


A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

J.W.F. Allison

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.001.0001
Subject:
Law, Comparative Law, Legal History

The development of an autonomous English public law has been accompanied by persistent problems — a lack of systematic principles, dissatisfaction with judicial review procedure, and uncertainty ... More


General Principles of Criminal Law

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0007
Subject:
Law, Legal History

This chapter discusses the general principles of criminal law. It considers common fault concepts together with the substance and structure of general defences. Criminal fault represents the most ... More


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