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Editorial board The Journal of Legal History (IF 0.6) Pub Date : 2024-07-16
Published in The Journal of Legal History (Vol. 45, No. 2, 2024)
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The Common Law and Civil War in Fourteenth-Century England: The Prosecution of Treason and Rebellion Under Edward II, 1322–1326 The Journal of Legal History (IF 0.6) Pub Date : 2024-07-03 Sophie Thérèse Ambler
What did it mean for poor and middling men and women to take up arms against their government? How did they negotiate competing claims for their participation in civil war and what consequences con...
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Crime, Trade Marks and Soft Trade Policy in the Interwar Era: Market Realities and the Merchandise Marks Act 1926 The Journal of Legal History (IF 0.6) Pub Date : 2024-06-30 Elena Cooper, David M. Higgins
This article explores a facet of the relationship between trade marks and the criminal law in the UK in the interwar era, a pivotal period of transition in UK economic policy from free trade to a m...
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On the Origins of Invalidation of British Colonial Legislation by Colonial Courts: The Van Diemen’s Land Dog Act Controversy of the 1840s – Part One The Journal of Legal History (IF 0.6) Pub Date : 2024-06-27 Ian Loveland
By 1865 British Imperial governments had accepted that colonial courts had the authority to invalidate colonial statutes which contravened the relevant colony’s constitution. This situation arose n...
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Subversive Legal History: A Manifesto for the Future of Legal Education The Journal of Legal History (IF 0.6) Pub Date : 2024-06-25 Susan Bartie
Published in The Journal of Legal History (Vol. 45, No. 2, 2024)
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Contractual Relations: A Contribution to the Critique of the Classical Law of Contract The Journal of Legal History (IF 0.6) Pub Date : 2024-06-25 Warren Swain
Published in The Journal of Legal History (Vol. 45, No. 2, 2024)
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Editorial board The Journal of Legal History (IF 0.6) Pub Date : 2024-03-22
Published in The Journal of Legal History (Vol. 45, No. 1, 2024)
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The Origin and Effect of the Nisi Prius Reports The Journal of Legal History (IF 0.6) Pub Date : 2024-03-05 Paul Newman
For some seventy years, rulings made by judges sitting at nisi prius were regularly reported, despite those reports being held in low esteem by the legal profession and such rulings being regarded ...
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Migrations of Manuscripts 2023 The Journal of Legal History (IF 0.6) Pub Date : 2024-03-06 Sir John Baker
Published in The Journal of Legal History (Vol. 45, No. 1, 2024)
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Subversion Down-Under: Innovation, Ambition and the Introduction of Survival of Causes of Action Legislation in South Australia and Victoria The Journal of Legal History (IF 0.6) Pub Date : 2024-03-05 Mark Lunney
For much of the twentieth century, the standard characterization of the relationship between the English common law metropole and the Dominion periphery has been one of the subservience and deferen...
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The Prosecution of Heresy in the Henrician Reformation The Journal of Legal History (IF 0.6) Pub Date : 2024-02-29 Paul Cavill
At the beginning of Henry VIII’s reign, the prosecution of heresy was based on three statutes of the late fourteenth and early fifteenth centuries. Under this system, the Church tried the crime wit...
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Common Law, Civil Law, and Colonial Law: Essays in Comparative Legal History from the Twelfth to the Twentieth Centuries The Journal of Legal History (IF 0.6) Pub Date : 2024-02-29 Joyman Lee
Published in The Journal of Legal History (Vol. 45, No. 1, 2024)
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Going the Distance: Eurasian Trade and the Rise of the Business Corporation, 1400–1700 The Journal of Legal History (IF 0.6) Pub Date : 2024-02-26 Jonathan Hardman
Published in The Journal of Legal History (Vol. 45, No. 1, 2024)
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More Than a Species of Larceny: Fraud Laws and Their Uses in the Eighteenth Century The Journal of Legal History (IF 0.6) Pub Date : 2024-02-23 Cerian Griffiths
This article explores the under-researched area of fraud in the eighteenth and early nineteenth centuries. Fraud offences rarely feature in criminal law historiography, and where they do, they are ...
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Scottish Legal History Group Report 2023 The Journal of Legal History (IF 0.6) Pub Date : 2024-02-23 Simpson Andrew
Published in The Journal of Legal History (Vol. 45, No. 1, 2024)
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Lawyers at Play: Literature, Law, and Politics at the Early Modern Inns of Court, 1558–1581, by Jessica Winston; Law as Performance: Theatricality, Spectatorship, and the Making of Law in Ancient, Medieval, and Early Modern Europe, by Julie Stone Peters; Libel and Lampoon: Satire in the Courts. 1670–1792, by Andrew Benjamin Bricker The Journal of Legal History (IF 0.6) Pub Date : 2024-02-23 Ian Ward
Published in The Journal of Legal History (Vol. 45, No. 1, 2024)
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Palles: The Legal Legacy of the Last Lord Chief Baron The Journal of Legal History (IF 0.6) Pub Date : 2024-02-20 Richard McBride
Published in The Journal of Legal History (Vol. 45, No. 1, 2024)
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Editorial board The Journal of Legal History (IF 0.6) Pub Date : 2023-12-22
Published in The Journal of Legal History (Vol. 44, No. 3, 2023)
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Lord Devlin The Journal of Legal History (IF 0.6) Pub Date : 2023-12-22 Richard McBride
Published in The Journal of Legal History (Vol. 44, No. 3, 2023)
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Fraud, Trusts and Trusting: Enforcing Crown Forfeitures in Equity, c.1570–1620 The Journal of Legal History (IF 0.6) Pub Date : 2023-12-22 David Foster
Conveyances with informal agreements to hold for the benefit of the transferor initially proved efficacious in avoiding statutory forfeiture provisions. In the late sixteenth century, the equity si...
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Custom, Law, and Monarchy: A Legal History of Early Modern France The Journal of Legal History (IF 0.6) Pub Date : 2023-12-22 Andrew Lewis
Published in The Journal of Legal History (Vol. 44, No. 3, 2023)
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The Forgotten History of Bankruptcy, 1543–1624 The Journal of Legal History (IF 0.6) Pub Date : 2023-12-22 Fleur Stolker
This article examines the foundations of bankruptcy law in England. Rather than looking at the bankruptcy statutes that were aimed at fraudulent insolvent debtors, it analyses debt settlements of h...
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Better than Just Fine: Combining Final Concords with Documentary and Symbolic Practices The Journal of Legal History (IF 0.6) Pub Date : 2023-12-22 Meghan Woolley
This article examines how litigants from the 1190s through the 1270s combined final concords with other forms of documentary and symbolic agreement: affirmations given through letters and in court,...
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Armed with Sword and Scales: Law, Culture, and Local Courtrooms in London, 1860-1913 The Journal of Legal History (IF 0.6) Pub Date : 2023-12-22 Helen Rutherford
Published in The Journal of Legal History (Vol. 44, No. 3, 2023)
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Providing for the Poor: The Old Poor Law, 1750-1834 The Journal of Legal History (IF 0.6) Pub Date : 2023-12-22 Victoria Hooton
Published in The Journal of Legal History (Vol. 44, No. 3, 2023)
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Editorial board The Journal of Legal History (IF 0.6) Pub Date : 2023-07-18
Published in The Journal of Legal History (Vol. 44, No. 2, 2023)
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Principle and Pragmatism in Roman Law The Journal of Legal History (IF 0.6) Pub Date : 2023-06-27 Lisa Cowan
Published in The Journal of Legal History (Vol. 44, No. 2, 2023)
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Law and religion in Ireland, 1700–1970 The Journal of Legal History (IF 0.6) Pub Date : 2023-06-26 Ciarán McCabe
Published in The Journal of Legal History (Vol. 44, No. 2, 2023)
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Compiling the Scottish ‘Practick’: The Method of Morison’s Dictionary The Journal of Legal History (IF 0.6) Pub Date : 2023-06-22 Adelyn L. M. Wilson
ABSTRACT Morison’s Dictionary is a nineteenth-century compilation of the earliest Scottish case reports, drawn from various manuscript and printed collections known collectively as the ‘practicks’. Although the Dictionary has been used widely since its publication, there has been little consideration of Morison’s method of compilation beyond some early criticisms levied by his contemporaneous indexer
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Nuisance, Planning and the Common Law in Late Eighteenth-Century Bombay The Journal of Legal History (IF 0.6) Pub Date : 2023-06-22 Sukriti Issar
ABSTRACT The literature on the legal transfer of English property law to colonial South Asia has long focused on the agrarian context. Urban property and the built environment remain understudied. This article explores how the common law of nuisance found its way into the workings of a Committee of Buildings in late eighteenth-century Bombay. An analysis of the internal files of the Committee of Buildings
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American legal education abroad – critical histories The Journal of Legal History (IF 0.6) Pub Date : 2023-06-20 Julie Rocheton
Published in The Journal of Legal History (Vol. 44, No. 2, 2023)
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Even a Compensation Culture has Its Limits: Arbitrating Homicide in Fifteenth-Century England The Journal of Legal History (IF 0.6) Pub Date : 2023-06-20 Sara M. Butler
ABSTRACT Historians have long argued that arbitration was the preferred means of resolution for most disputes in later medieval England; but does this apply also to the settlement of homicides? Despite the strenuous efforts of the English legal system after the Norman Conquest to force homicides through the royal courts, historians have argued that homicide continued to be settled out-of-court throughout
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Gender and punishment in Ireland: women, murder and the death penalty, 1922-64 The Journal of Legal History (IF 0.6) Pub Date : 2023-06-20 Kay Crosby
Published in The Journal of Legal History (Vol. 44, No. 2, 2023)
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Editorial board The Journal of Legal History (IF 0.6) Pub Date : 2023-03-27
Published in The Journal of Legal History (Vol. 44, No. 1, 2023)
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Scottish Legal History Group Report 2022 The Journal of Legal History (IF 0.6) Pub Date : 2023-03-16 Andrew Simpson
Published in The Journal of Legal History (Vol. 44, No. 1, 2023)
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Woolmington in Context: The Excavation of a Case The Journal of Legal History (IF 0.6) Pub Date : 2023-03-13 Richard Glover
ABSTRACT The 1935 judgment in Woolmington v Director of Public Prosecutions established the ‘golden thread’ principle that, in general, the prosecution bears the burden of proof in criminal trials. This is the ‘cardinal principle of the criminal law’, not just in England and Wales, but right across the common law world. It is a principle that is now largely taken for granted, but when Woolmington was
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Migrations of Manuscripts 2022 The Journal of Legal History (IF 0.6) Pub Date : 2023-03-13 John Baker
Published in The Journal of Legal History (Vol. 44, No. 1, 2023)
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A History of Divorce Law: Reform in England from the Victorian to Interwar Years The Journal of Legal History (IF 0.6) Pub Date : 2023-03-07 Penelope Russell
Published in The Journal of Legal History (Vol. 44, No. 1, 2023)
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Crime, Criminal Policy, and Law Reform in Seventeenth-Century Irish Parliaments The Journal of Legal History (IF 0.6) Pub Date : 2023-03-07 Coleman A. Dennehy
ABSTRACT This article examines the development of criminal law, policy, and also the legislation of the Irish Parliament in the seventeenth century. In particular it questions how important matters pertaining to crime were to Members of Parliament and members of the government, and whether this had any material effect on the development of the corpus of criminal law in early modern Ireland. It also
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Authorities in Early Modern Law Courts, Edinburgh Studies in Law Volume 16 The Journal of Legal History (IF 0.6) Pub Date : 2023-03-05 Mark Godfrey
Published in The Journal of Legal History (Vol. 44, No. 1, 2023)
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Editorial The Journal of Legal History (IF 0.6) Pub Date : 2023-03-02 Ian Williams
Published in The Journal of Legal History (Vol. 44, No. 1, 2023)
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Creating the Citizen Juror in Interwar England and Wales The Journal of Legal History (IF 0.6) Pub Date : 2023-03-02 Kay Crosby
ABSTRACT This article assesses developments in the theory and practice of jury service in England and Wales between the two world wars. It argues that this was a transformative period in the English jury’s history, in which both public and administrative understandings of the system shifted away from a model predicated primarily on the possession of landed property of a certain value, and towards a
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Editorial Board The Journal of Legal History (IF 0.6) Pub Date : 2022-11-25
Published in The Journal of Legal History (Vol. 43, No. 3, 2022)
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Theatrical Arbitration in Georgian England The Journal of Legal History (IF 0.6) Pub Date : 2022-11-17 Francis Calvert Boorman
ABSTRACT The connection between theatre and the law has been much explored, and especially the theatricality of the courtroom, which developed in the late Georgian era. This article seeks to look beyond the law to a wider culture of dispute settlement, of which legal proceedings were only a single subset, and in some ways a deeply unpopular one. The business of theatre provides a window onto this culture
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Evolving Interpretations of the Office of Australian Governor-General as a Constitutional Link to the British Empire, 1890–1931 The Journal of Legal History (IF 0.6) Pub Date : 2022-11-10 Daniel McKay
ABSTRACT The framing and interpretation of the provisions in the Australian Constitution which established the office of Governor-General only make sense when fully situated within an imperial context. The Australian Constitution was drafted by British colonists loyal to the Crown who prized an ongoing connection with Britain. Interpretation of the constitutional office of Governor-General and its
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Learning the ‘New Law of the Star Chamber’: Legal Education and Legal Literature in Early-Stuart England The Journal of Legal History (IF 0.6) Pub Date : 2022-11-06 Ian Williams
ABSTRACT How did early-modern lawyers learn about the law and practice of courts which were under-served in printed legal literature? This article investigates this question through an examination of the dissemination of professional knowledge about the court of Star Chamber. It considers the role of the readings in the Inns of Court, as well as the extensive circulation of manuscript treatises about
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‘Weak’ Legal Pluralism and the Eighteenth-Century English Ecclesiastical Courts The Journal of Legal History (IF 0.6) Pub Date : 2022-11-06 Troy L. Harris
ABSTRACT The work of the eighteenth-century English ecclesiastical courts has received very little scholarly attention when compared with their seventeenth- or nineteenth century counterparts or the eighteenth-century temporal courts. And yet there was significant overlap between the two systems, particularly between the ‘disciplinary’ work of the ecclesiastical courts and the ‘criminal’ work of the
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The First Interception Provision: Section 4 of the Official Secrets Act 1920 The Journal of Legal History (IF 0.6) Pub Date : 2022-11-02 Paul F. Scott
ABSTRACT Section 4 of the Official Secrets Act 1920 contained the first explicit statutory power to intercept communications. This article surveys the process leading up to its enactment against the background of the law of interception as it existed prior to World War I. Before then interception had taken place on the basis of a series of exceptions to a general prohibition on interception of postal
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Professor Patrick Polden The Journal of Legal History (IF 0.6) Pub Date : 2022-11-02
Published in The Journal of Legal History (Vol. 43, No. 3, 2022)
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Making Commercial Law Through Practice 1830-1970 The Journal of Legal History (IF 0.6) Pub Date : 2022-11-02 Christopher Butcher
Published in The Journal of Legal History (Vol. 43, No. 3, 2022)
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Editorial Board The Journal of Legal History (IF 0.6) Pub Date : 2022-07-22
Published in The Journal of Legal History (Vol. 43, No. 2, 2022)
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Re-examining the Presumption: Coverture and ‘Legal Impossibilities’ in Early Modern English Criminal Law The Journal of Legal History (IF 0.6) Pub Date : 2022-07-04 Emily Ireland
ABSTRACT The doctrine of coverture restricted married women’s legal agency during the early modern period and into the nineteenth century. While the impact and ethos of judicial decisions at private law regarding the doctrine has received sustained attention from historians, the impact upon criminal law has received less analysis. This article examines a series of cases, pertaining to offences ranging
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Secular or Sacred? The Ambiguity of ‘Civil’ Marriage in the Marriage Act 1836 The Journal of Legal History (IF 0.6) Pub Date : 2022-07-03 Rebecca Probert
ABSTRACT The Marriage Act 1836 is usually described as introducing ‘civil marriage’ in England and Wales. Yet scholars are divided as to whether ‘civil’ only denotes a marriage in a register office or can also include those in registered places of worship. This reflects the fundamental ambiguity of the 1836 Act. This article will show how that ambiguity had its roots in the claims that marriage was
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Equality Arguments, Contemporary Feminist Voices and the Matrimonial Causes Act 1923 The Journal of Legal History (IF 0.6) Pub Date : 2022-06-28 Frances Hamilton
ABSTRACT The Matrimonial Causes Act 1923 equalized the grounds for divorce for men and women, removing the prior existing double standard. Before this reform whilst husbands could divorce wives on the basis of adultery alone, wives had to prove additional aggravating factors. This author by analysis of primary sources from the National Union of Societies for Equal Citizenship archive, Hansard and the
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Petitions to the Court for Divorce and Matrimonial Causes: A New Methodological Approach to the History of Divorce, 1857–1923 The Journal of Legal History (IF 0.6) Pub Date : 2022-06-28 Jennifer Aston
ABSTRACT Although the subject of divorce and the development of divorce legislation in nineteenth-century England and Wales have received some academic attention, much work remains to be done. Existing studies have examined either a small number of cases from a limited period of the newly formed Court for Divorce and Matrimonial Causes’ history; answered a specific question over a longer period; or
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On the Development of Marital Law The Journal of Legal History (IF 0.6) Pub Date : 2022-06-27 Jennifer Aston, Frances Hamilton
ABSTRACT This issue of the Journal of Legal History results from a conference organized by Dr Jennifer Aston (Northumbria University) and Dr Frances Hamilton (University of Reading) held virtually at Northumbria University on 20th May 2021. At this event we explored the changing legal and cultural definitions of marriage in any geographical location or jurisdiction across the period c.1450 – present
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Tying the Knot The Journal of Legal History (IF 0.6) Pub Date : 2022-06-26 Sally Gold
Published in The Journal of Legal History (Vol. 43, No. 2, 2022)
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Scottish Legal History Group Report 2021 The Journal of Legal History (IF 0.6) Pub Date : 2022-03-31
(2022). Scottish Legal History Group Report 2021. The Journal of Legal History: Vol. 43, No. 1, pp. 84-87.
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Editorial Board The Journal of Legal History (IF 0.6) Pub Date : 2022-03-31
(2022). Editorial Board. The Journal of Legal History: Vol. 43, No. 1, pp. v-v.
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Migrations of Manuscripts 2021 The Journal of Legal History (IF 0.6) Pub Date : 2022-03-07 Sir John Baker
(2022). Migrations of Manuscripts 2021. The Journal of Legal History: Vol. 43, No. 1, pp. 88-115.