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A Textbook of  English Legal History by V.D. Kulshreshtha A Textbook of  English Legal History by V.D. Kulshreshtha
A Textbook of English Legal History by V.D. Kulshreshtha
by V.D. Kulshreshtha
Edition: 3rd Edition, 2007
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Product Details:
Format: Paperback
Pages: 254 pages
Publisher: Eastern Book Company
Language: English
ISBN: 8170126495
Dimensions: 24.2 CM X 1.47 CM X 16 CM
Shipping Weight: 2.000(Kg)
Publisher Code: EA/1058
Date Added: 2019-01-11
Search Category: Textbooks,ebooks
Jurisdiction: Indian
Overview:

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.

Reviews

 

  • Academy Law Review :

 

      The book under review is a blend of history, politics, law and constitution in the right proportion. The book, though a dwarf in size, is a giant in craft and precision.

 

  • Review Projector :

 

    A detailed glossary at the end of the book would increase the value of the book to the student community, especially as the book contains many Latin phrases and technical legalese.

Table Of Contents:
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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