Case Law in the Making: Documents

Case Law in the Making: Documents PDF Author: Alain A. Wijffels
Publisher:
ISBN:
Category : Case method
Languages : en
Pages : 500

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Book Description
By the end of the middle ages and in early-modern Europe, judges in superior or central courts had risen to a prominent position in society and played a crucial role in legal developments. Whether in the Common Law system or in continental Europe, the courts' decisions became a focus for legal reasoning, forensic arguments and doctrine. Yet, it remains controversial to what extent these developments reflected the emergence of case-law in a modern sense. From a comparative perspective, it is also questionable whether, in spite of obvious institutional and procedural differences, the Common Law and the European Civil Law traditions produced a corpus of judge-made law which, if not by the way it was elaborated, at least by its results in the respective legal systems, played a similar role in the constant interaction between the various sources of law. The present volumes, which are a sequel to the volume "Judicial Records, Law Reports, and the Growth of Case Law" (J. H. Baker ed.), published in 1989, specifically consider the relationship between judicial records and law reports. The emphasis of the contributions is on the techniques applied by the authors of both records and reports. Records, whether in the Common Law tradition or in continental Europe, developed mainly in order to satisfy procedural requirements, whereas the authenticity of early reports did not meet the same standards as in modern times. Both these observations raise the question of the purpose of records and reports in the law-making process. Volume 1 contains essays discussing these questions in the Anglo-American tradition (Common Law, Equity, English Canon Law) and in various continental-European traditions (Italy, France, Germany, the Low Countries and the Roman Catholic Church). Volume 2 illustrates these essays by producing extensive samples of both records and reports in the systems reviewed in the first volume. Thus, the present publication offers the unique combination of scholarly texts which review the latest results of current legal-historical debates on the role of judges' decisions in medieval and early modern law, and, for the first time, a source-book of the courts' practices and the reporters' methods in a wide range of legal systems.

Case Law in the Making: Documents

Case Law in the Making: Documents PDF Author: Alain A. Wijffels
Publisher:
ISBN:
Category : Case method
Languages : en
Pages : 500

Get Book

Book Description
By the end of the middle ages and in early-modern Europe, judges in superior or central courts had risen to a prominent position in society and played a crucial role in legal developments. Whether in the Common Law system or in continental Europe, the courts' decisions became a focus for legal reasoning, forensic arguments and doctrine. Yet, it remains controversial to what extent these developments reflected the emergence of case-law in a modern sense. From a comparative perspective, it is also questionable whether, in spite of obvious institutional and procedural differences, the Common Law and the European Civil Law traditions produced a corpus of judge-made law which, if not by the way it was elaborated, at least by its results in the respective legal systems, played a similar role in the constant interaction between the various sources of law. The present volumes, which are a sequel to the volume "Judicial Records, Law Reports, and the Growth of Case Law" (J. H. Baker ed.), published in 1989, specifically consider the relationship between judicial records and law reports. The emphasis of the contributions is on the techniques applied by the authors of both records and reports. Records, whether in the Common Law tradition or in continental Europe, developed mainly in order to satisfy procedural requirements, whereas the authenticity of early reports did not meet the same standards as in modern times. Both these observations raise the question of the purpose of records and reports in the law-making process. Volume 1 contains essays discussing these questions in the Anglo-American tradition (Common Law, Equity, English Canon Law) and in various continental-European traditions (Italy, France, Germany, the Low Countries and the Roman Catholic Church). Volume 2 illustrates these essays by producing extensive samples of both records and reports in the systems reviewed in the first volume. Thus, the present publication offers the unique combination of scholarly texts which review the latest results of current legal-historical debates on the role of judges' decisions in medieval and early modern law, and, for the first time, a source-book of the courts' practices and the reporters' methods in a wide range of legal systems.

Case Law in the Making: Essays

Case Law in the Making: Essays PDF Author: Alain A. Wijffels
Publisher:
ISBN:
Category : Case method
Languages : de
Pages : 388

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Book Description
By the end of the middle ages and in early-modern Europe, judges in superior or central courts had risen to a prominent position in society and played a crucial role in legal developments. Whether in the Common Law system or in continental Europe, the courts' decisions became a focus for legal reasoning, forensic arguments and doctrine. Yet, it remains controversial to what extent these developments reflected the emergence of case-law in a modern sense. From a comparative perspective, it is also questionable whether, in spite of obvious institutional and procedural differences, the Common Law and the European Civil Law traditions produced a corpus of judge-made law which, if not by the way it was elaborated, at least by its results in the respective legal systems, played a similar role in the constant interaction between the various sources of law. The present volumes, which are a sequel to the volume "Judicial Records, Law Reports, and the Growth of Case Law" (J. H. Baker ed.), published in 1989, specifically consider the relationship between judicial records and law reports. The emphasis of the contributions is on the techniques applied by the authors of both records and reports. Records, whether in the Common Law tradition or in continental Europe, developed mainly in order to satisfy procedural requirements, whereas the authenticity of early reports did not meet the same standards as in modern times. Both these observations raise the question of the purpose of records and reports in the law-making process. Volume 1 contains essays discussing these questions in the Anglo-American tradition (Common Law, Equity, English Canon Law) and in various continental-European traditions (Italy, France, Germany, the Low Countries and the Roman Catholic Church). Volume 2 illustrates these essays by producing extensive samples of both records and reports in the systems reviewed in the first volume. Thus, the present publication offers the unique combination of scholarly texts which review the latest results of current legal-historical debates on the role of judges' decisions in medieval and early modern law, and, for the first time, a source-book of the courts' practices and the reporters' methods in a wide range of legal systems.

How to Write Better Law Essays

How to Write Better Law Essays PDF Author: Steve Foster
Publisher: Pearson Education
ISBN: 9781405822008
Category : Language Arts & Disciplines
Languages : en
Pages : 230

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Book Description
This guide provides clear instructions on writing legal essays, exam answers and dissertations for undergraduate law, and CPE/GDL courses. Throughout the book the author identifies key characteristics of both good and bad techniques in writing, allowing students to see practical examples of best practice.

How to Write Law Essays & Exams

How to Write Law Essays & Exams PDF Author: S. I. Strong
Publisher: Oxford University Press, USA
ISBN: 0199684553
Category : Law
Languages : en
Pages : 293

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Book Description
This book provides law students with a practical and proven method of analysing and answering essays and exam questions. Designed for students of all levels, including A-level, university, conversion, and vocational courses, the text teaches vital writing and analytical skills to help students in their substantive law studies.

How to Write Law Essays and Exams

How to Write Law Essays and Exams PDF Author: S. I. Strong
Publisher: Oxford University Press
ISBN: 0198811152
Category : Law
Languages : en
Pages : 297

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Book Description
How to Write Law Essays and Exams provides law students with a practical and proven method of analysing and answering essay and exam questions. The book focuses on those questions that give students the most trouble, namely problem questions, but its techniques are equally applicable to other types of essays. In addition to providing a framework for analysing and writing law essays, the book teaches students how to identify relevant legal authorities, distinguish and harmonise conflicting legal precedents and evaluate the applicability of the law to the facts of the question at hand. The book also contains specific law-related revision techniques and general writing tips. Designed for law students of all levels, including those on A-level, university, conversion, and vocational courses, the text helps students understand their substantive courses while at the same time teaching vital writing and analytical skills. Online Resources The book is accompanied by online resources, including: a case breakdown to help students with reading cases, frequently asked questions, and some tips on citation styles and conventions.

Essays in Law and History

Essays in Law and History PDF Author: Sir William Searle Holdsworth
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1886363137
Category : Law
Languages : en
Pages : 334

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Book Description
xv, 302 pp. Originally published: Oxford: At the Clarendon Press, 1946. Compiled and edited by A.L. Goodhart and H.G. Hanbury, editors of the last four volumes of Holdsworth's History of English Law, this volume presents a selection of seventeen essays by the great legal scholar. Highlights from his long and prolific career, they address such topics as martial law, the English constitution, case law, equity, trusts, libel, law reporting, contracts and land law. "These essays tend to enlarge the mind and to stir the imagination. They are the work of one of the most distinguished of the great line of English legal historians." --Bernard L. Shientag, Columbia Law Review 47 (1947) 1255 WILLIAM S. HOLDSWORTH [1871-1944] was a professor of constitutional law at Cambridge from 1903-1908 and the Vinerian Professor of English Law at Oxford from 1922-1944. He is well-known for his monumental History of English Law (1st ed. 1908) and other works, such as Charles Dickens as a Legal Historian (1929) and Some Makers of English Law (1938). ARTHUR LEHMAN GOODHARD [1891-1978] was an American-born British academic jurist and lawyer. He was editor of the Cambridge Law Journal from 1921 to 1925, editor the Law Quarterly Review in 1926, a professor of jurisprudence at Oxford University from 1931-1951 and the first American to be the master of an Oxford College. HAROLD GREVILLE HANBURY [1898-1993] was a Fellow at Lincoln College, Oxford, from 1921-1949 and All Souls College, Oxford, from 1949-1964. His works include Modern Equity: Being the Principles of Equity (1935), The Principles of Agency (1952) and The Vinerian Chair and Legal Education (1958).

Essays in the History of Canadian Law, Volume XII

Essays in the History of Canadian Law, Volume XII PDF Author: Lori Chambers
Publisher: University of Toronto Press
ISBN: 1487553919
Category : History
Languages : en
Pages : 266

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Book Description
Drawing on engaging case studies, Essays in the History of Canadian Law brings the law to life. The contributors to this collection provide rich historical and social context for each case, unravelling the process of legal decision-making and explaining the impact of the law on the people involved in legal disputes. Examining the law not simply as legislation and institutions, but as discourse, practice, symbols, rhetoric, and language, the book’s chapters show the law as both oppressive and constraining and as a point of contention and means of resistance. This collection presents new approaches and concerns, as well as re-examinations of existing themes with new evidence and modes of storytelling. Contributors cover many legal thematic areas, from criminal to labour, civil, administrative, and human rights law, spanning English and French Canada, and ranging from the mid-eighteenth century to the late twentieth century. The legal cases vary from precedent-setting cases to lesser-known ones, from those driven by one woman’s quest for personal justice to others in which state actors dominate. Bringing to light how the people embroiled in these cases interacted with the legal system, the book reveals the ramifications of a legal system characterized by multiple layers of inequality.

Essays in Jurisprudence and Ethics

Essays in Jurisprudence and Ethics PDF Author: Frederick Pollock
Publisher:
ISBN:
Category : Ethics
Languages : en
Pages : 410

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Book Description


Writing for Law

Writing for Law PDF Author: Dave Powell
Publisher: Bloomsbury Publishing
ISBN: 0230364888
Category : Study Aids
Languages : en
Pages : 208

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Book Description
This is an easy to use guide on how to complete the various types of assessment normally encountered in undergraduate law programmes. Encouraging students to apply the skills they have learnt, it covers a wide range of tasks including essay writing, giving presentations and moots, taking exams and completing dissertations.

Writing Law Dissertations

Writing Law Dissertations PDF Author: Michael Salter
Publisher: Pearson Education
ISBN: 9780582894358
Category : Dissertations, Academic
Languages : en
Pages : 576

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Book Description
Adopting a highly practical approach, this book shows the reader how to research and write a dissertation, covering the various stages - planning, identifying key issues, utilising the appropriate research methods, time management issues, and managing one's supervision. This book covers legal dissertation level research, embracing both LL.B. (undergraduate) and the specific demands of LL.M. dissertations.