A Concise History of the Common Law

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The Lawbook Exchange, Ltd., 2001 - History - 802 pages
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The Best Edition of this Classic History: A Comprehensive Legal History of England from the Anglo-Saxon Period through the 19th Century. Theodore Frank Thomas Plucknett [1897-1965] received his LL.B. from the University of Cambridge in 1920. He was a Fellow of the British Academy, Professor of Legal History, University of London, and Assistant Professor of Legal History at Harvard University. He was also the author of Early English Legal Literature (1958) and Edward I and Criminal Law (1960). "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate... Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law... In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." --Percy H. Winfield. Harvard Law Review 43 (1929-30) 339-340. "[T]his book, comprehensive yet not elementary, clear yet inviting further study on the part of the reader, remains an excellent introduction to legal history and the study of law."-- Harvard Law Review 50 (1937-38) 1012. SELECTED CONTENTS BOOK ONE A General Survey of Legal History Part I The Crown and the State Part II The Courts and the Profession Part III Some Factors in Legal History Book TWO Special Part Part I Procedure Part II Crime and Tort Part III Real Property Part IV Contract Part V Equity Part VI Succession Index
 

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Contents

The Forms of Action
353
Civil Procedure
379
Pleading ___________
399
CRIME AND TORT
421
Criminal Procedure _______
424
The Felonies 442
442
Misdemeanours Trespass and Tort
455
Liability Civil and Criminal
463

Struggle for the Supremacy of Law
48
Industrial Revolution
65
Libbralism and Reform
73
PART II
74
THE COURTS AND THE PROFESSION
79
The Communal Courts 83
83
Seignorial Jurisdiction
95
The Crown and Local Courts _______
101
The Jury ___________
106
The Origins of the Central Courts ______
139
13071509
157
The Tudors and the Common Law Courts _____
170
The Rise of the Prerogative Courts ______
176
Prerogative Equity and Law under the Stuarts
191
Parliament and the Privy Council ____
199
The Courts in the Nineteenth Century
207
The Legal Profession _________
215
The Growth of the Judiciary _______
231
Professional Literature ________
252
SOME FACTORS IN LEGAL HISTORY
293
Chapter page 1 The Civil Law of Rome
294
The Canon Law of the Church _______
301
Custom
307
Legislation ____
315
The Principle of Precedent
342
BOOK TWO SPECIAL PART PARTI PROCEDURE
351
Defamation
483
REAL PROPERTY
503
Feudalism ___________
506
Feudalism in England
516
Inheritance and Alienability _______
521
Tenures and Incidents
531
The Rise of the Entail
546
The Common Law Estates down to 1540
558
Uses and the Statute
575
The Later Law of Real Property
588
The Mortgage ______
603
Conveyances
610
PART IV
614
CONTRACT
625
Origins 628
628
The Fourteenth Century ________
633
Assumpsit to Slades Case ________
637
Contract after Slades Case
647
Law Merchant and Admiralty _______
657
Chapter page
675
PART VI
696
Inheritance
712
Intestacy ___________
725
Wills 732
732
INDEX
1
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