Essays in Law and History (Google eBook)

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The Lawbook Exchange, Ltd., Jan 1, 1995 - Law - 302 pages
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Holdsworth, William S. Essays in Law and History. Edited by A.L. Goodhart and H.G. Hanbury. Oxford: At the Clarendon Press, 1946. xv, 302 pp. Reprinted 1995 by The Lawbook Exchange, Ltd. LCCN 99-047234. ISBN 1-886363-13-7. Cloth. $75. * This volume collects seventeen essays the great legal scholar wrote over the course of his very prolific career. Topics chosen include martial law, the English constitution, case law, equity, trusts, libel, law reporting in the nineteenth- and twentieth-centuries, contract and land law, among others. "The constitutional historian, the international lawyer, the real property expert, the common law practitioner, the civilian and even the general reader will each find something to his address. It is a book to browse and enjoy at leisure.": Law Quarterly Review 64:120-2. The book concludes with a table of cases and name and general indexes.
  

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Contents

I
1
II
20
III
37
IV
71
V
100
VI
128
VII
147
VIII
165
XI
207
XII
219
XIII
258
XIV
260
XV
273
XVI
284
XVII
293
XVIII
296

IX
188
X
199

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Page 5 - ... nevertheless of late time divers commissions under your majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land, according to the justice of martial law...
Page 19 - I contend that martial law is neither more nor less than the will of the general who commands the army. In fact, martial law means no law at all; therefore, the general who declares martial law, and commands that it shall be carried into execution, is bound to lay down distinctly the rules, and regulations, and limits, according to which his will is to be carried out.
Page 5 - And that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come. And that the aforesaid commissions for proceeding by martial law may be revoked and annulled. And that hereafter no commissions of like nature may issue forth...
Page 13 - Secondly, this indulged law was only to extend to members of the army, or to those of the opposite army, and never was so much indulged as intended to be executed or exercised upon others...

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