Law, Lawyers and Litigants in Early Modern England

Law, Lawyers and Litigants in Early Modern England
Author: Michael Lobban
Publisher: Cambridge University Press
Total Pages: 385
Release: 2019-06-27
Genre: History
ISBN: 1108491723

Explores the impact of legal ideas and legal consciousness on early modern English society and culture.

Law, Lawyers, and Litigants in Early Modern England

Law, Lawyers, and Litigants in Early Modern England
Author: Joanne Begiato
Publisher:
Total Pages:
Release: 2019
Genre: Law
ISBN: 9781108666862

Written in memory of Christopher W. Brooks, this collection of essays by prominent historians examines and builds on the scholarly legacy of the leading historian of early modern English law, society and politics. Brooks's work put legal culture and legal consciousness at the centre of our understanding of seventeenth and eighteenth century English society, and the English common law tradition. The essays presented here develop a number of strands found in his work, and take them in new directions. They shed new light on central debates in the history of the common law, exploring how law was understood and used by different communities in early modern England, and examining how and why people engaged (or did not engage) in litigation. The volume also contains two hitherto unpublished essays by Christopher Brooks, which consider the relationship between law and religion and between law and political revolution in seventeenth century England.

Law, Politics and Society in Early Modern England

Law, Politics and Society in Early Modern England
Author: Christopher W. Brooks
Publisher: Cambridge University Press
Total Pages: 469
Release: 2009-01-08
Genre: History
ISBN: 1139475290

Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.

Women, Property, and the Letters of the Law in Early Modern England

Women, Property, and the Letters of the Law in Early Modern England
Author: Margaret W. Ferguson
Publisher: University of Toronto Press
Total Pages: 340
Release: 2004-01-01
Genre: Social Science
ISBN: 9780802087577

Women, Property, and the Letters of the Law in Early Modern England turns to these points of departure for the study of women's legal status and property relationships in the early modern period.

Financial Failure in Early Modern England

Financial Failure in Early Modern England
Author: Aidan Collins
Publisher: Boydell & Brewer
Total Pages: 251
Release: 2024-10-29
Genre: Business & Economics
ISBN: 1837651906

Analyses how bankruptcy was litigated within the court to gain a more nuanced understanding of early modern bankruptcy. This book examines cases involving bankruptcy brought before the court of Chancery - a court of equity which dealt with civil disputes - between 1674 and 1750. It uncovers the numerous meanings attached to financial failure in early modern England. In its simplest sense, personal financial failure occurred when an individual defaulted on their debts. Because they had not fulfilled their responsibilities and behaved in a trustworthy and credible manner, bankrupt individuals were seen to be immoral. And yet bankruptcy was linked to wider notions of credibility, trustworthiness, and morality. Financial failure was described and debated not just in economic terms, but came to rely on a combination of social, community, and religious values. Bankruptcy cases involved an interconnected network of indebtedness, often including relatives, neighbours, and traders from the local community. As such, conceptions of failure implicated individuals beyond just the bankrupt. As people began to look back and appraise the actions and words of those involved in trade, a far wider network of creditors, debtors, and middlemen were blamed for the knock-on effect of an individual failure. Ultimately, the book investigates the negative aspects of early modern trade networks and the active role of the court when such networks broke down, providing unique access to contemporary understandings of what was considered right and wrong, honourable and deceitful, and criminal and compassionate within the moral landscape of debt recovery during the seventeenth and eighteenth centuries.

A History of Law in Europe

A History of Law in Europe
Author: Antonio Padoa-Schioppa
Publisher: Cambridge University Press
Total Pages: 823
Release: 2017-08-03
Genre: History
ISBN: 1107180694

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

Language and Social Relations in Early Modern England

Language and Social Relations in Early Modern England
Author: Hillary Taylor
Publisher: Oxford University Press
Total Pages: 259
Release: 2024-08-26
Genre: History
ISBN: 0198917686

What was the interrelation between language, power, and socio-economic inequality in England, c. 1550-1750? Early modern England was a hierarchical society that placed considerable emphasis on order; language was bound up with the various structures of authority that made up the polity. Members of the labouring population were expected to accept their place, defer to their superiors, and refrain from 'murmuring' about a host of issues. While some early modern labouring people fulfilled these expectations, others did not; because of their defiance, the latter were more likely to make their way into the historical record, and historians have previously used the evidence that they generated to reconstruct various forms of resistance and negotiation involved in everyday social relations. Hillary Taylor instead considers the limits that class power placed on popular expression, and with what implications. Using a wide variety of sources, Taylor examines how members of the early modern English labouring population could be made to speak in ways that reflected and even seemed to justify their subordinated positions--both in their eyes and those of their social superiors. By reconstructing how class power structured and limited popular expression, this study not only presents a new interpretation of how inequality was normalized over the course of the period, but also sheds new light on the constraints that labouring people overcame when they engaged in individual or collective acts of defiance against their 'betters.' It revives domination and subordination as objects of inquiry and demonstrates the ways in which language--at the levels of ideology and social practice--reflected, reproduced, and naturalized inequality over the course of the early modern period.

Subversive Legal History

Subversive Legal History
Author: Russell Sandberg
Publisher: Routledge
Total Pages: 260
Release: 2021-07-29
Genre: Education
ISBN: 0429575491

Provocative, audacious and challenging, this book rejuvenates not only the historical study of law but also the role of Law Schools by asking which stories we tell and which stories we forget. It argues that a historical approach to law should be at the beating heart of the Law School curriculum. Far from being archaic, elitist and dull, historical perspectives on law are and should be subversive. Comparison with the past underscores: how the law and legal institutions are not fixed but are constructed; that every line drawn in the law and everything the law holds as sacred is actually arbitrary; and how the environment into which law students are socialised is a historical construct. A subversive approach is needed to highlight, question, de-construct and re-construct the authored nature of the law, revealing that legal change on a larger scale is possible. Far from being archaic, this recasts legal history as being anarchic. Subversive Legal History is not a type of Legal History but is its defining characteristic if it is to be a central part of Law School life. It describes a legal method that should not be the preserve only of specialist legal historians but rather should be part of the toolkit of all law students, teachers and researchers. This book will be essential reading for all who work and study in Law Schools, proposing a radical new approach not only to the historical study of law but also to the content, purpose and ambition of legal education. A subversive approach can revolutionise Law Schools providing a more ambitious legal education which is grounded in the socio-legal reality, helping to ensure that today’s law students are better equipped to be the professionals and citizens of tomorrow.

Love, Hate, and the Law in Tudor England

Love, Hate, and the Law in Tudor England
Author: L. R. Poos
Publisher: Oxford University Press
Total Pages: 338
Release: 2022-07-21
Genre: Divorce settlements
ISBN: 0192865110

Love, Hate, and the Law in Tudor England reconstructs the life of Ralph Rishton, a member of the sixteenth-century Lancashire gentry who was a child bridegroom and a serial wife-discarder, who bribed church officials to obtain a forged annulment, defrauded a kinsman out of his inheritance, and adroitly manipulated his own and other people's land. The dozens of lawsuits in which the Rishtons were involved, in many different courts, elucidate one family's engagement with law in Tudor England: how they used and misused law, how it shaped their perceptions of rights and mutual obligations, and how it framed litigants' and witnesses' language. Drawing upon trial and estate records, the core of this study is the central narrative of Ralph Rishton's three wives, of litigiousness and violence, marriage and property, and the pursuit of equitable resolutions to disputes, along with countless smaller narratives that vividly capture a culture in its time and place. Alongside that central narrative, L. R. Poos uses the Rishton stories as a starting-point to analyse child marriage, the construction of memory, and the development of local historical identity through antiquarians and the Victorian and Edwardian local press, demonstrating how - from the time of the Rishtons into the twentieth century - historical narratives were continually reshaped and repurposed.