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Home > STUDENTS > Law Students Series > LLB Textbooks > 3rd Edition, 2007 |
Kulshreshtha 's treatise 'A Text Book of English Legal History ' is primarily intended to impart knowledge of the subject to the law student and arouse his interest. The learned author has arranged the lectures topic-wise and in their logical order, a feature rarely found amongst the commentaries on the topic.
The major topics discussed in the book include History before the Norman Conquest, Effects of Norman Conquest and Courts under Normans, Communal, Seigniorial and Ecclesiastical Courts, Contributions of Glanvill and Bracton, Curia Regis and Centralisation of Justice, The Courts of Common Law, The King 's Council and the Court of Star Chamber, The Courts of Equity, The Courts of Criminal Jurisdiction, Origin and Growth of Jury System, The Development of Law Merchant, Maritime Law and Court of Admiralty, The Remedy of Habeas Corpus, History of Law of Contract, History of Equity and Role of Chancellors, Development of Crime and Tort, History of Defamation, Influence of Roman Law on English Law and Contributions to English Legal Thought of Hardwicke, Eldon, Blackstone, Bentham, Austin, Maine, Maitland and Pollock, etc.
The author has explained all the topics in a very simple style that ensures easy understanding. The book is very useful for students, teachers and those who are interested to gain knowledge about the subject.
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TABLE OF CASES BIBLIOGRAPHY SOVEREIGNS AFTER THE NORMAN CONQUEST CHAPTER I : HISTORY BEFORE THE NORMAN CONQUEST The Anglo-Saxon Dooms 1 Four Classes of Society 2 The Courts of Justice 2 Procedure of the Courts 4 Bot, Wer and Wite 6 Botleas Offences and Deodands 7 The King's Peace 7 The Law of Property 8 Contract in Anglo-Saxon Law 8 CHAPTER II : EFFECTS OF NORMAN CONQUEST AND COURTS UNDER NORMANS Legal Effects of Norman Conquest 9 The Norman Courts of Justice 11 The Curia Regis 11 The Exchequer 12 The Sheriff 13 The County Court or Shire Moot 13 The Hundred or Wapentake Court 13 The Manorial Court 14 CHAPTER III : COMMUNAL, SEIGNIORIAL AND ECCLESIASTICAL COURTS Communal Courts 15 The Shire or County Court 15 The Hundred Court 18 Borough Courts 20 Seigniorial Courts 21 Baronial Courts 21 Franchisal Courts 21 Domanial Courts 22 Decay of Seigniorial Jurisdiction 23 Ecclesiastical Courts 23 Canon Law in England 23 Jurisdiction of Ecclesiastical Courts 23 Present System of Ecclesiastical Courts 24 CHAPTER IV : CONTRIBUTIONS OF GLANVILL AND BRACTON Ranulf De Glanvill 25 Henry of Bracton 26 Contributions of Bracton 26 Bracton and English Law 27 Bracton and Roman Law 28 Influence of Bracton upon the History of English Law 28 CHAPTER V : CURIA REGIS AND CENTRALISATION OF JUSTICE Curia Regis 30 Origin and Composition 30 Jurisdiction 31 Importance of Curia Regis 31 The Centralisation of Justice 32 CHAPTER VI : PERIOD OF EDWARD I-"THE ENGLISH JUSTINIAN" Features of the Reign of Edward I 34 Important Statutes 34 The Rise of Parliament 35 The Decline of the Manor Courts 35 The Rise of the Jury System in Criminal Cases 36 Edward I-"The English Justinian" 36 CHAPTER VII : THE COURTS OF COMMON LAW Courts of Assize and Itinerant Justices 39 The General Eyre 41 The Court of Exchequer 43 The Court of Common Pleas 44 The Court of King's Bench 45 CHAPTER VIII : THE KING'S COUNCIL AND THE COURT OF STAR CHAMBER The King's Council 48 Court of Star Chamber 51 CHAPTER IX : THE COURTS OF EQUITY The Court of Chancery 55 The Courts of Requests 58 Master of Rolls 59 CHAPTER X : THE COURTS OF CRIMINAL JURISDICTION Petty Sessions 63 Quarter Sessions 64 The Coroner's Court 65 Courts of Assize 65 The Court of Criminal Appeal 66 CHAPTER XI : ORIGIN AND GROWTH OF JURY SYSTEM Courts and Procedure in 12th Century 68 The Origin of the Jury 68 Control of Juries 71 Working of the Trial by Jury 71 Civil Jury at the Present Day 72 Criminal Juries at the Present Day 73 CHAPTER XII : DEVELOPMENT OF LAW MERCHANT, MARITIME LAW & COURT OF ADMIRALTY Early Law Merchant 75 Early Maritime Law 76 Local Courts Merchant 77 The Rise of the Court of Admiralty 79 The Jurisdiction of the Court of Admiralty 79 Decline of Jurisdiction 81 Revival of Jurisdiction 81 Appeals 82 Later Development of Law Merchant and Role of Coke, Holt and Mansfield 82 CHAPTER XIII : THE FORMS OF ACTION Origin of Forms of Action 86 Development of Forms of Action from 1154 to 1307 86 Classification of Forms of Action 88 Abolition of Forms of Action 88 Importance of the Forms of Action 89 The Forms of Action today 90 Writ System and the Common Law 91 Relation between 'Action on the Case' and 'Statute of Westminster II' 92 CHAPTER XIV : THE REMEDY OF HABEAS CORPUS Remedies available in the Early Period 97 The Writ of Habeas Corpora 98 Habeas Corpus cum Causa 98 Habeas Corpus in the 17th Century 100 Development in the 18th Century 102 Habeas Corpus in the 19th and 20th Centuries 103 CHAPTER XV : HISTORY OF YEARBOOKS & LAW REPORTING Contents of Yearbooks 106 The Abridgments of the Yearbook 107 Later Private or Named Reports 107 Authorised Reports (1782 to 1830) 108 Authority of Private Reports 108 Establishment of Law Reports 109 Suggestions of Pro Goodhart 110 Suggestions of Committee on Law Reporting 111 CHAPTER XVI : SIR EDWARD COKE Important Events of Coke's Life 112 Coke's Writings 114 Coke's Influence on the Development of English Law 116 CHAPTER XVII : HISTORY OF LAW OF CONTRACT Contract in Anglo-Saxon Law 119 Early Forms of Action Used in Contractual Matters 121 Assumpsit 125 Doctrine of Consideration 130 CHAPTER XVIII : HISTORY OF EQUITY AND ROLE OF CHANCELLORS Meaning of Equity 136 Equity in the Courts of Common Law 136 Equity in the Court of Chancery 138 Equity of General Eyre and Chancellor's Equity 139 Role of Chancellors and Development of Equity 141 Sir Thomas More (1529-1532) 141 Lord Ellesmere's Chancellorship (1603-1618) 141 Bacon's Chancellorship (1618-1620) 142 Lord Nottingham (1673-1682) 143 Lord Hardwicke (1736-1756) 144 Lord Eldon (1801-1827) 144 Growth of Equity from 1529 to 1827 145 Reforms in the Nineteenth Century 146 CHAPTER XIX : THE RELATION OF EQUITY TO COMMON LAW & MAXIMS OF EQUITY Relation of Equity to Common Law 148 Maxims of Equity 152 CHAPTER XX : ROLE OF HOLT AND MANSFIELD Holt 156 Lord Mansfield 157 CHAPTER XXI : DEVELOPMENT OF CRIME AND TORT Historical Distinction between Crime and Tort 161 Historical Outlines of Crime 163 Felony and Misdemeanour 164 Benefit of Clergy 164 Historical Outlines of some Specific Torts 166 Action of Trespass 170 Replevin 171 Detinue 172 Trover 172 Conversion 173 CHAPTER XXII : HISTORY OF DEFAMATION Slander in Local and Church Courts 174 Slander in King's Court 174 The Slander of Magnates: (Scandalum Magnatum) 175 The Beginning of Libel 177 The Law of Libel (1605-1640) 178 Action on the Case for Words (Slander) 179 Fall of Star Chamber and Law of Libel 179 Defamation in Eighteenth, Nineteenth and Twentieth Centuries 180 Libel and the Press 181 CHAPTER XXIII : THE LEGAL PROFESSION IN ENGLAND Narrators and Attorneys 184 The Writ of 1292 and Legal Education 185 Education in Courts 186 Origin of Serjeants 186 The Work of the Serjeants 187 Later History of Serjeants 187 Apprentices, Barristers and Inns 188 Barristers-King's Counsel 188 Later position of Attorneys 189 Pleaders and Conveyancers 189 Solicitors 190 Control and Organisation of Solicitors 191 Law Officers of the Crown 191 CHAPTER XXIV : INFLUENCE OF ROMAN LAW ON ENGLISH LAW Roman Law in England before Norman Conquest 193 Period from Norman Conquest to Thirteenth Century 193 Extent to which the Supremacy of Common Law was threatened in the first half of the Sixteenth Century 196 Influence of Roman Law on Common Law and Equity in Sixteenth Century 198 Consequence of the Reception of Roman Law in England 200 CHAPTER XXV : CONTRIBUTIONS TO ENGLISH LEGAL THOUGHT Hardwicke 203 Lord Eldon 204 Blackstone 206 Bentham 208 Austin 211 Sir Henry Maine 212 Maitland 215 Sir Fredrick Pollock 216 CHAPTER XXVI : MISCELLANEOUS Writ of Right 219 Assize of Novel Disseisin 220 Case or Trespass on Case 220 Reorganisation of Courts in England SUBJECT INDEX
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