The Genius of the Common LawPollock, Sir Frederick. The Genius of the Common Law. New York: The Columbia University Press, 1912. vii, 141 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-047160. ISBN 1-58477-043-0. Cloth. $60. * A collection of Sir Frederick Pollock's lectures from the Carpentier Series at Columbia University. Holdsworth praised the eight lectures as a discussion of "...critical studies of aspects and characteristics of the common law which only an accomplished legal historian, a master of the modern law, and a professor of jurisprudence could have written." Holdsworth, Some Makers of English Law 287. Marke, A Catalogue of the Law Collection of New York University (1953) 143. |
From inside the book
Results 1-5 of 7
Page 51
You have reached your viewing limit for this book.
You have reached your viewing limit for this book.
Page 55
You have reached your viewing limit for this book.
You have reached your viewing limit for this book.
Page 63
You have reached your viewing limit for this book.
You have reached your viewing limit for this book.
Page 73
You have reached your viewing limit for this book.
You have reached your viewing limit for this book.
Page 86
You have reached your viewing limit for this book.
You have reached your viewing limit for this book.
Other editions - View all
Common terms and phrases
amendment anarchism ancient archaic Assumpsit authority Baron Surrebutter better British called cause Chancery civil claim Code Common Law competition conquest contract county court criminal law Crogate decisions discretion doctrine doubt economic England English law equity example fact fiction form of action formalism Germanic hand judges judgment judicial jurisdiction jurisprudence jury kind king king's courts king's justice lady the Common lady's later law merchant lawyers learned friend legislation less Lord matter medieval ment methods Middle Ages modern never nineteenth century oath official opinion ordinary parties perhaps political practical pretty principles procedure profession professional profit proof question Quia Emptores rational reason reforms remedies Roman Roman law Roman-Dutch law rules seems sense servants social speak special pleading Star Chamber statutes suppose sure Tacitus technical thing thirteenth century tion whole wholly word worse
Popular passages
Page 34 - Well, in my ignorance, I should have thought that would have been the object in great cases as well as small. But, pray, what mode of proceeding do you use instead of special pleading ? SUR. B. The simplest process in the world. The forms of action have been practically abolished. The plaintiff gives a concise statement or notice of his claim, and the defendant of his defence (where it is considered proper that he should do so) in plain English, unfettered by the technical rules of pleading. If either...
Page 35 - Formerly the general issue was seldom pleaded, except when the party meant wholly to deny the charge alleged against him. But when he meant to distinguish away or palliate the charge, it was always usual to set forth the particular facts in what is called a special plea; which was originally intended to...
Page 36 - ... general issue at the trial. But the science *of special pleading having been frequently perverted to the purposes of chicane and delay, the courts have of late in some instances, and the legislature in many more...
Page 35 - First, When de injuria may clearly be replied. Secondly, When it clearly cannot be replied. Thirdly, When it is probable that it may be replied. Fourthly, When it is probable it cannot be replied. And, Fifthly, When it is altogether doubtful whether it can or cannot be replied.
Page 31 - I pleaded that special pleading was a wise and useful system, and that I had helped to remedy all its defects by the new rules. This plea was perhaps bad in form as an argumentative general issue; but I was willing to run the risk of a special demurrer, for the chance of entrapping my opponent into a denial of only one branch of my plea, and so of impliedly admitting either that special pleading was a wise and useful system, or that I had helped to remedy all its defects; in either of which cases...
Page 31 - ... special demurrer for the chance of entrapping my opponent into a denial of only one branch of my plea, and so of impliedly admitting either that special pleading was a wise and useful system, or that I had helped to remedy all its defects ; in either of which cases I should have stood well for judgment. But he replied by asserting that special pleading was an abominable system, and that I had made it much worse by the New Rules. To the replication I demurred specially on the ground of duplicity;...
Page 43 - ... to repress the insolency of the noblemen and gentlemen of the ; . North parts of England, who being far from the King and the Seat of Justice, made almost as it were an ordinary war among themselves, and made their force their law, banding themselves with their tenants and servants to do, or revenge injury, one against another as they listed.
Page 116 - But the law is not made by casual and hasty decisions in courts of first instance. Its guiding principles and the harmony of its controlling ideas must be sought in the considered judgments of the higher tribunals...
Page 5 - Homage," says the Treatise of Tenures, "is the most honourable service, and most humble service of reverence, that a frank tenant may do to his lord : for when the tenant shall make homage to his lord, he shall be ungirt and his head uncovered, and his lord shall sit and the tenant shall kneel before him on both his knees, and hold his hands jointly together between the hands of his lord, and shall say thus : I become your man, from this day forward...
Page 30 - Crogate's Case: a dialogue in tJie SJiades on Special Pleading Reform." One of the interlocutors is Baron Surrebutter, a transparent disguise for Baron Parke, or rather that half of him which was devoted to the technical side of process and pleading. . . . The other personage is "the celebrated Crogate, who in his mortal state...