Judges and Judging in the History of the Common Law and Civil Law

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Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.

Résumé
This volume of essays by leading legal historians addresses the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. The essays derive from papers presented at the 18th British Legal History Conference.

Contenu

Part I. Common Law: 1. Judges and judging 117607 Paul Brand; 2. Formalism and realism in fifteenth-century English law: bodies corporate and bodies natural David J. Seipp; 3. Early modern judges and the practice of precedent Ian Williams; 4. Bifurcation and the Bench: the influence of the jury on English conceptions of the judiciary John H. Langbein; 5. Sir William Scott and the law of marriage Rebecca Probert; 6. The politics of English law in the nineteenth century Michael Lobban; 7. Judges and the criminal law in England 1808 Phil Handler; 8. Bureaucratic adjudication: the internal appeals of the Inland Revenue Chantal Stebbings; Part II. Continental Law: 9. Remedy of prohibition against Roman judges in civil trials Ernest Metzger; 10. The spokesmen in medieval courts: the unknown leading judges of the customary law and makers of the first continental law reports Dirk Heirbaut; 11. Superior courts in early modern France, England and the Holy Roman Empire Ulrike Muessig; 12. The Supreme Court of Holland and Zeeland judging cases in the early 18th century A. J. B. Sirks; Part III. Imperial Law: 13. 11,000 prisoners: habeas corpus, 150000 Paul D. Halliday; 14. Some difficulties of colonial judging: the Bahamas 1886 Martin J. Wiener; 15. Australia's early High Court, the Fourth Commonwealth Attorney-General and the 'strike of 1905' Susan Priest; 16. Judges and judging in colonial New Zealand: where did native title fit in? David V. Williams.