Law and Authority in British Legal History, 1200–1900

doi:10.1017/CBO9781316402795

By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, religion, political legitimacy, the nature of law, equity and judicial interpretation. The analysis also encompasses ideas of authority which influenced the development of courts, remedies and jurisdictions, international aspects of legal authority when questions of foreign law or jurisdiction arose in British courts, the wider authority of systems of legal ideas such as natural law, the authority of legal treatises, and the relationship between history, law and legal thought.

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Contents

Law and Authority in British Legal History, 1200–1900
pp i-ii
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Law and Authority in British Legal History, 1200–1900 - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Dedication
pp v-vi
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Contents
pp vii-viii
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Contributors
pp ix-x
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Preface
pp xi-xiv
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1 - The judicial interpretation of legislation in later thirteenth- and early fourteenth-centuryEngland
pp 1-12
- By Paul Brand
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2 - The authority of parliament and the scope ofthe Statute of Uses 1536
pp 13-32
- By N.G. Jones
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3 - Developing a prerogative theory for the authority of theChancery
pp 33-59
The French connection
- By Ian Williams
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4 - Authorityand precedent
pp 60-84
- By David Ibbetson
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5 - Legislation and authority inearly-modern Scotland
pp 85-119
- By Andrew R.C. Simpson
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6 - The sources of early Scots consistoriallaw
pp 120-139
Reflections on law, authority and jurisdiction during the Scottish Reformation
- By Thomas Green
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7 - Conciliar authority and equitable jurisdiction in early-modernScotland
pp 140-169
- By J.D. Ford
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8 - Legal authorities as instruments of conflict management
pp 170-191
The long endgame of Anglo-Hanseatic relations (1474–1603)
- By Alain Wijffels
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9 - History and the justification of governmental authority and individual rights in the age of John Locke and SamuelPufendorf
pp 192-211
- By Andreas Thier
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10 - The commissioners for claims on France and the case of the Baronde Bode, 1815–1861
pp 212-249
- By Michael Lobban
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11 - The authority of law in a bureaucratic framework
pp 250-273
The nineteenth-centurymedicine stamp duty
- By Chantal Stebbings
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12 - The authorityof treatises in English law (1800–1936)
pp 274-292
- By Stephen Waddams
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13 - Maitland andAustin
pp 293-328
Legal history and legal thought in the late nineteenth century
- By John Hudson
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Index
pp 329-343
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Law and Authority in British Legal History, 1200–1900

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Contents

Law and Authority in British Legal History, 1200–1900
pp i-ii

Law and Authority in British Legal History, 1200–1900 - Title page
pp iii-iii

Copyright page
pp iv-iv

Dedication
pp v-vi

Contents
pp vii-viii

Contributors
pp ix-x

Preface
pp xi-xiv

1 - The judicial interpretation of legislation in later thirteenth- and early fourteenth-centuryEngland
pp 1-12

2 - The authority of parliament and the scope ofthe Statute of Uses 1536
pp 13-32

3 - Developing a prerogative theory for the authority of theChancery
pp 33-59

4 - Authorityand precedent
pp 60-84

5 - Legislation and authority inearly-modern Scotland
pp 85-119

6 - The sources of early Scots consistoriallaw
pp 120-139

7 - Conciliar authority and equitable jurisdiction in early-modernScotland
pp 140-169

8 - Legal authorities as instruments of conflict management
pp 170-191

9 - History and the justification of governmental authority and individual rights in the age of John Locke and SamuelPufendorf
pp 192-211

10 - The commissioners for claims on France and the case of the Baronde Bode, 1815–1861
pp 212-249

11 - The authority of law in a bureaucratic framework
pp 250-273

12 - The authorityof treatises in English law (1800–1936)
pp 274-292

13 - Maitland andAustin
pp 293-328

Index
pp 329-343

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Law and Authority in British Legal History, 1200–1900

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