Historical Foundations of the Common Law
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Historical Foundations of the Common Law provides a general overview of the development of the common law. The book is comprised of 14 chapters that are organized into four parts. The first part deals with the institutional background and covers the centralization of justice; the institutions of the common law; and the rise of equity. The second part deals with land properties, while the third part talks about legal obligations. The last part details criminal administration and law. The text will be of great use to individuals who have an interest in the development of the common law.
Table of Contents
Introduction
I. Institutional Background
1—The Centralization of Justice
Local and Customary Laws
County Courts
Hundred and Franchise Courts
Records of Local Courts
Feudal Jurisdictions
Jurisdiction of the Church
The Pattern of Centralization
The Eyre System
Rise of the Central Courts
The Writ System
2—The Institutions of the Common Law in Its First Formative Period
Write and Their Learning
Ancient Pattern of Law-Suit
Counting
Pleading
The Year Books
The Trial
The End of Oral Pleading
Business Done on Circuit
The King's Bench
Jurisdiction in Error
3—The Institutions of the Common Law in Its Second Formative Period
The Nature of the Change
Fictions concerning Jurisdiction
The Increase of Business
Replacement of Old Actions by New
Changing Pattern of Law-Suit
Demurrer
Special Verdict
Other Mechanisms of Discussion in Bank
Discussion of Facts Coming out at the Trial
Discussion after Trial of Matters Raised by Pleadings
Substantive Result of Procedural Changes
4—The Rise of Equity
Procedural Bearings of Early Equity
Theoretical Relationship between Law and Equity
Conflict between Law and Equity
The Regularization of Equity
II. Property in Land
5—Tenures
Lordship and Ownership
Agricultural Tenures
Military Tenures
Heritability and the Ownership of Land
The Incidents of Tenure
Services and Incidents
Mortmain and Quia Emptores
Consequences of Quia Emptores and of the Incidents
6—Early Actions
Seisin and Right
The Writ of Right
The Assize of Mort d'Ancestor
The Assize of Novel Disseisin
Writs of Entry
The Change in Underlying Ideas
7—Later Actions
Protection of the Term of Years
Actions concerning Freehold in the Fourteenth and Fifteenth Centuries
Use of Ejectment by Freeholders
Copyhold
8—Settlement of Land at Law
The Heritable Fee and the Rise of the Entail
Later History of Entails
Working of Warranties
Barring of Entails by Warranties
Fines and Recoveries
Contemporary Attitudes to Entails and Their Barring
Settlement and Resettlement
Remainders
Contingent Remainders
9—Uses and Trusts Land
The Problem of Origins
Situations in which One might Hold for the Benefit of Another
Grant and Regrant
Relationship with Devise
The Feudal Incidents
Uses as an Institution
The Mischiefs of Uses
The Statute of Uses
The Statute of Wills
Uses at Law
Uses and Conveyancing
Legal Executory Interests
Perpetuities
Rise of the Trust
III. Obligations
10—Old Persona Actions
The Beginnings
Covenant
Debt on an Obligation
Covenant and Conditional Bonds
Debt and Detinue
Debt on a Contract
Detinue for Goods Bought
Detinue on a Bailment
Detinue against Persons Other than Bailees
Account
11—The Rise of Trespass and Case
The Beginnings
Trespass vi et armis and Its Extension
Liability in Trespass vi et armis
Actions on the Case
The Relationship between Trespass and Case
12—Growth of the Modern Law of Contract
Assumpsit for Misfeasance
Actions on Warranties
Assumpsit for Nonfeasance
The Early Nonfeasance Cases
Disablement and Deceit
Pure Nonfeasance
Assumpsit for Money: the Background
Assumpsit for Money: the Kinds of Claim
Consequences of Slade's Case
Consideration
13—Rise of Modern Law of Torts
Deceit
Conversion
Defamation
Negligence
IV. Crime
14—Criminal Administration and Law
Pleas of the Crown
The Initiation of Proceedings
Mode of Trial
Organization of Criminal Courts
Vehicles of Change in Criminal Law
Substantive Development of Criminal Law
Notes
Tables of Cases
Table of Laws and Statutes
Index
Product details
- No. of pages: 480
- Language: English
- Copyright: © Butterworth-Heinemann 2013
- Published: January 1, 1969
- Imprint: Butterworth-Heinemann
- eBook ISBN: 9781483182551
About the Author
S. F. C. Milsom
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