Abolishing the Doctrine of Consideration - the Story of the Arra- Part 2
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'LAW MERCHANT' and the FAIR COURT of ST. IVES, 1270-1324 By
THE ‘LAW MERCHANT’ AND THE FAIR COURT OF ST. IVES, 1270-1324 by Stephen Edward Sachs This thesis has since been revised for publication. The updated version may be cited as: Stephen E. Sachs, From St. Ives to Cyberspace: The Modern Distortion of the Medieval ‘Law Merchant,’ 21 AM. U. INT’L L. REV. (2006). An electronic copy of the revised version is available at: http://ssrn.com/id=830265 © 2002 Stephen E. Sachs THE ‘LAW MERCHANT’ AND THE FAIR COURT OF ST. IVES, 1270-1324 by Stephen Edward Sachs A thesis submitted to the Department of History in partial fulfillment of the requirements for the Degree of Bachelor of Arts with Honors Harvard University Cambridge Massachusetts 21 March 2002 © 2002 Stephen E. Sachs TABLE OF CONTENTS Acknowledgements ..........................................................................................................i Abbreviations................................................................................................................ iii Chapter I: Introduction ...................................................................................................1 Chapter II: Who Rules the Fair? Authority Over a “Merchant Court” ............................9 Chapter III: One Law Merchant, or Several? ................................................................50 Chapter IV: Merchant Law and Politics........................................................................98 Epilogue: Lex Mercatoria and Lex Cyberspace...........................................................119 Bibliography ...............................................................................................................125 -
CREATING an AMERICAN PROPERTY LAW: ALIENABILITY and ITS LIMITS in AMERICAN HISTORY Claire Priest
CREATING AN AMERICAN PROPERTY LAW: ALIENABILITY AND ITS LIMITS IN AMERICAN HISTORY Claire Priest Contact Information: Northwestern University School of Law 357 East Chicago Ave. Chicago, IL 60611 Phone: (312) 503-4470 Email: [email protected] Acknowledgements: ∗Associate Professor of Law, Northwestern University School of Law. B.A., J.D., Ph.D. Yale University. I would like to thank James McMasters of Northwestern’s Law Library for his help in finding copies of many of the primary sources used to write this Article. For extremely valuable comments and suggestions, I would like to thank Bernard Bailyn, Stuart Banner, Kenworthey Bilz, Charlotte Crane, David Dana, Michele Landis Dauber, Christine Desan, Tony A. Freyer, Morton J. Horwitz, Daniel Hulsebosch, Stanley N. Katz, Daniel M. Klerman, Naomi Lamoreaux, Charles W. McCurdy, Edmund S. Morgan, Janice Nadler, Sarah Pearsall, Dylan Penningroth, George L. Priest, Richard J. Ross, Emma Rothschild, Dhananjai Shivakumar, Kenneth L. Sokoloff, Vicky Saker Woeste, Gavin Wright and the seminar participants at Northwestern University School of Law’s Faculty Workshop, Stanford Law School’s Faculty Workshop, UCLA’s Legal History Colloquium and Economic History Workshop, NYU’s Legal History Colloquium, the University of Florida Fredric G. Levin College of Law’s Faculty Workshop, the Chicago Legal History Seminar, the American Society for Legal History’s Annual Meeting, the University of Illinois College of Law’s Faculty Workshop, the Omohundro Institute of Early American History’s Annual Conference, and Harvard University’s Conference on Atlantic Legalities. The Julius Rosenthal Fund at Northwestern University School of Law provided generous research support. CREATING AN AMERICAN PROPERTY LAW: ALIENABILITY AND ITS LIMITS IN AMERICAN HISTORY This Article analyzes an issue central to the economic and political development of the early United States: laws protecting real property from the claims of creditors. -
The Trust As an Instrument of Law Reform
YALE LAW JOURNAL Vol. XXXI MARCH, 1922 No. 5 THE TRUST AS AN INSTRUMENT OF LAW REFORM AUSTIN W. ScoTT Professor of Law, Harvard University Professor Maitland, in one of his most brilliant essays,' said: "The idea of a trust is so familiar to us all that we never wonder at it. And yet surely we ought to wonder. If we were asked what was the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think that we could have any better answer to give than this, namely, the development from century to century of the trust idea." Maitland's dictum at first blush may seem to be an exaggeration, but when it is considered how much of the progress of the English law is due to the doctrines of the law of uses and trusts, its truth would seem to be clear. It was chiefly by means of uses and trusts that the feudal system was undermined in England, that the law of conveyancing was revolutionized, that the economic position of married women was ame- liorated, that family settlements have been effected, whereby daughters and younger sons of landed proprietors have been enabled modestly to participate in the family wealth, that unincorporated associations have found a measure of protection, that business enterprizes of many kinds have been enabled to accomplish their purposes, that great sums of money have been devoted to charitable enterprizes; and by employing the analogy of a trust, by the invention of the so-called constructive trust, the courts have been enabled to give relief against all sorts of fraudulent schemes whereby scoundrels have sought to enrich them- selves at the expense of other persons. -
The Story of the Arra- Part 1
ilr.ccsenet.org International Law Research Vol. 7, No. 1; 2018 Abolishing the Doctrine of Consideration - The Story of the Arra- Part 1 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: December 26, 2017 Accepted: January 16, 2018 Online Published: February 10, 2018 doi:10.5539/ilr.v7n1p1 URL: https://doi.org/10.5539/ilr.v7n1p1 1. INTRODUCTION Consideration is a doctrine peculiar to the English common law. One unknown to other legal systems, save for those that have adopted English law.1 As Baker has pointed out, it has no competitor in terms of the diversity and complexity of historical explanations for it.2 Indeed, it is a playground of academics 3 - including academic spats.4 This is a pity since - for the professional lawyer (and, one suspects, not a few judges) - this pre-requisite for a contract ('doctrine' is too grand a word) is as clear as mud and full of anomalies. Is it needed ? Modern legal historians have (generally) concluded that this pre-requisite was a common law development. That is, one that was 'home grown' and not deriving from Roman or canon law or the Court of Chancery. It is also (generally) perceived as having originated in the civil form of action of assumpsit in Elizabethan times; Further, one can (perhaps) locate it more precisely. In Sharington v Strotton (1565),5 the word 'consideration' was used in many different senses - without emphasis on any technical legal meaning. -
Jury Service in Victoria
LAW REFORM COMMITTEE Jury Service in Victoria FINAL REPORT Volume 3 DECEMBER 1997 LOAN COPY (PLEASE RETURN TO THE PROCEDURE OFFICE) PARLIAMENT OF VICTORIA LAW REFORM COMMITTEE Jury Service in Victoria FINAL REPORT VOLUME 3 REPORT ON RESEARCH PROJECTS Ordered to be Printed Melbourne Government Printer December 1997 76 Session 1996-97 COMMITTEE MEMBERSHIP CHAIRMAN Mr Victor Perton, MP DEPUTY CHAIR Mr Neil Cole, MP MEMBERS Mr Florian Andrighetto, MP Hon Carlo Furletti, MLC Hon Monica Gould, MLC Mr Peter Loney, MP Mr Noel Maughan, MP Mr Allster Paterson, MP Mr John Thwaites, MP The Committee's address is — Level 8, 35 Spring Street MELBOURNE VICTORL\ 3000 Telephone inquiries — (03) 9651 3644 Facsimile — (03) 96513674 Email — [email protected] Internet— http : / / www^. vicnet.net.au / -lawref ui Jury Service in Victoria—Final Report: Volume 3 COMMITTEE STAFF EXECUTIVE OFFICER and DIRECTOR OF RESEARCH Mr Douglas Trapnell RESEARCH OFFICERS Mr Mark Cowie (until 10 November 1995) Ms Padma Raman (from 3 March 1997) Ms Rebecca Waechter (until 18 November 1997) ADDITIONAL RESEARCH ASSISTANCE Ms Angelene Falk OFFICE MANAGERS Mrs Rhonda MacMahon (until 18 October 1996) Ms Lyn Petersen (from 2 December 1996 to 1 June 1997) Ms Angelica Vergara (from 11 August 1997) Jury Service in Victoria—Final Report: Volume 3 CONTENTS Committee Membership iii Committee Staff v Functions of the Committee xi Terms of Reference xiii INTRODUCTION 1 1 HISTORY 3 Section 1: The Jurisprudential Rationale for the Jury as an Institution Within the Civil and Criminal System -
Magna Carta Commemoration Essays [1917]
The Online Library of Liberty A Project Of Liberty Fund, Inc. Henry Elliot Malden, Magna Carta Commemoration Essays [1917] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected]. -
Abbott, CJ, 276–277 Abridgement
Cambridge University Press 978-1-107-12227-7 - Law and Authority in British Legal History, 1200–1900 Edited by Mark Godfrey Index More information INDEX Abbott, CJ, 276–277 Antiquity & Original of the Court of Abridgement (Fitzherbert), 73 Chancery (Snagg), 50–51 absolute power, 36–37, 38, 43 Archbishop of Cologne, 212, 216, Adam 223 dominion over Eve, 197–198 Archeion, 42–45, 50 as world’s first ruler, 200 Archeion (Lambarde), 37–39 Adam of Redlingfeld, 7 Argumentum ab Auctoritate, 62–69 Adgore, Gregory, 30 Aristotle, 62, 63, 70 adultery, 129–132, 133–134, 135, Ashley, Francis, 58–59 136–137, 138 Asinio, 67 Against Aristogeiton (Demosthenes), assize, of novel disseisin, 9–10 103 Atkin, Lord, 290 Alanus, 195 Atwood v. Small, 244 Alciato, Andreas, 112 auctor,72 Alighieri, Dante, 158 auctoritates,62 Amphiteatrum Legale (1690), 61 Augustine, Saint, 65 Ancient Law (Maine), 321 Austin, John, 293–328 Anglo-Hanseatic relations on Bentham, 300 (1474–1603), 170–191 on common law, 313–314 Bremen conference (1603), 170–178 common views with Maitland, 299 consultations by Louvain jurists on feudalism, 303–304 (1553), 182–186 on general jurisprudence, 313, Hanseatic memorandum, 186–190 314–315 arguments on privileges in, 189 historical law and, 299–300 closing pages, 188 on historical school of first part of, 187 jurisprudence, 300 legal concepts and principles in, inconsistencies in arguments, 295 188–189 on judiciary law, 311–312 second part of, 187 on jurisprudence, 323–326 technical legal register of, 190 Maitland’s criticisms of, 295–318 traditional -
Ss.- S 2. Abbreviation of South One Half
[1131] S s. An abbreviation for scilicet, although the more common abbreviation is "ss.- S 2. Abbreviation of south one half, used particularly in describing land according to the government survey, applying to a section or part of a section. Sabbath. Sunday, --the one day of the week commonly set apart and observed in Christian countries as a day of public worship, relaxation, and refreshment. State v Williams, 26 NC (4 Ired L) 400, 402. The word is not strictly synonymous with the word "Sunday;" Sabbath signifies Saturday, the seventh day of the week, the Jewish Sabbath; Sunday signifies the first day of the week, commonly called the Lord's Day. But by common usage, the terms are used indiscriminately to denote the Christian Sabbath, to wit, Sunday. See State v Drake, 64 NC 589, 591. See Sunday law. Sabbath breaking. Working, engaging in business, or the pursuit of other activity forbidden on the Sabbath. State v Popp, 45 Md 432, 437. See Sunday law. sabbatical leave. A year or more absence permitted a member of a college or university faculty for study, writing, or travel, usually with continuing pay or part pay. State ex rel. West Virginia Board of Education v Sims, 139 W Va 802, 81 SE2d 665. Sabbatum. The Sabbath; Sunday. sabotage. Wilful and malicious physical damage or injury to physical property. Burns v United States, 274 US 328, 71 L Ed 1077, 47 S Ct 650; State v Moilen, 140 Minn 112, 167 NW 345, 1 ALR 331. The malicious damage or injury to the property of an employer by an employee. -
Law Reform Committee
LAW REFORM COMMITTEE Jury Service in Victoria FINAL REPORT Volume 3 DECEMBER 1997 PARLIAMENT OF VICTORIA LAW REFORM COMMITTEE Jury Service in Victoria FINAL REPORT VOLUME 3 REPORT ON RESEARCH PROJECTS Ordered to be Printed Melbourne Government Printer December 1997 N° 76 Session 1996–97 COMMITTEE M EMBERS CHAIRMAN Mr Victor Perton, MP DEPUTY CHAIR Mr Neil Cole, MP MEMBERS Mr Florian Andrighetto, MP Hon Carlo Furletti, MLC Hon Monica Gould, MLC Mr Peter Loney, MP Mr Noel Maughan, MP Mr Alister Paterson, MP Mr John Thwaites, MP The Committee's address is — Level 8, 35 Spring Street MELBOURNE VICTORIA 3000 Telephone inquiries — (03) 9651 3644 Facsimile — (03) 9651 3674 Email — [email protected] Internet— http://www.vicnet.net.au/~lawref COMMITTEE S TAFF EXECUTIVE OFFICER and DIRECTOR OF RESEARCH Mr Douglas Trapnell RESEARCH OFFICERS Mr Mark Cowie (until 10 November 1995) Ms Padma Raman (from 3 March 1997) Ms Rebecca Waechter (until 18 November 1997) ADDITIONAL RESEARCH ASSISTANCE Ms Angelene Falk OFFICE MANAGERS Mrs Rhonda MacMahon (until 18 October 1996) Ms Lyn Petersen (from 2 December 1996 to 1 June 1997) Ms Angelica Vergara (from 11 August 1997) CONTENTS Committee Membership ........................................................................................................ iii Committee Staff ......................................................................................................................v Functions of the Committee...................................................................................................xi -
Land Registration in England and Slovakia
LAND REGISTRATION IN ENGLAND AND SLOVAKIA − COMPARATIVE STUDY. by MONIKA VOZARIKOVA A thesis submitted to The University of Birmingham for the degree of MASTER OF LAWS School of Law The University of Birmingham June 2010 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. Thesis Title: Land registration in England and Slovakia – Comparative Study. Student Name: Monika Vozarikova Keywords: Land registration, Land Register, Cadastre, registered conveyancing, unregistered conveyancing, overriding interests. Abstract This thesis examines on a comparative basis the purpose, principles, functioning and effectiveness of the land registration systems in two EU member states - England and Slovakia. The comparative study aims to provide reflections “de lege ferenda” offering suggestions for statutory amendments. The thesis also examines the effect of land registration on the security and speed of conveyancing process in each state. In order to accomplish a comprehensive and up-to-date comparative study I have utilized the research conducted in the field of property law in the selected countries in order to complete an in-depth review of the national legislations on a comparative basis. The objective was to produce a comprehensive and scientifically accurate comparative study, not a mere „manual“. -
Edward Peter Stringham, Fayetteville State University Todd J. Zywicki
RIVALRY AND SUPERIOR DISPATCH: AN ANALYSIS OF COMPETING COURTS IN MEDIEVAL AND EARLY MODERN ENGLAND Edward Peter Stringham, Fayetteville State University Todd J. Zywicki, George Mason University School of Law George Mason University Law and Economics Research Paper Series 10-57 This paper can be downloaded without charge from the Social Science Research Network at http://ssrn.com/abstract_id=1703598 Rivalry and superior dispatch: An analysis of competing courts in medieval and early modern England Edward Peter Stringham 910‐672‐1837 [email protected] Lloyd V. Hackley Endowed Chair of Capitalism and Free Enterprise Studies School of Business and Economics, Fayetteville State University, Fayetteville, NC Todd J. Zywicki 703‐993‐8091 [email protected] George Mason University Foundation Professor of Law George Mason University School of Law, 3301 N. Fairfax Dr., Arlington, VA ABSTRACT In most areas, economists look to competition to align incentives, but not so with courts. Many believe that competition enables plaintiff forum shopping, but Adam Smith praised rivalry among courts. This article describes the courts when the common law developed. In many areas of law, courts were monopolized and imposed decisions on unwilling participants. In other areas, however, large degrees of competition and consent were present. In many areas, local, hundred, manorial, county, ecclesiastical, law merchant, chancery, and common law courts competed for customers. When parties had a choice, courts needed to provide a forum that was ex ante value maximizing. JEL Codes: K40, N43, P48 Keywords: efficiency of common law, legal history, monopolization of law 1 “Another thing which tended to support the liberty of the people and render the proceedings in the courts very exact, was the rivalship which arose betwixt them.” – Adam Smith (1776: 280) 1. -
Imperial Laws Application Bill-98-1
IMPERIAL LAWS APPLICATION BILL NOTE THIS Bill is being introduced in its present form so as to give notice of the legislation that it foreshadows to Parliament and to others whom it may concern, and to provide those who may be interested with an opportunity to make representations and suggestions in relation to the contemplated legislation at this early formative stage. It is not intended that the Bill should pass in its present form. Work towards completing and polishing the draft, and towards reviewing the Imperial enactments in force in New Zealand, is proceeding under the auspices of the Law Reform Council. It is intended to introduce a revised Bill in due course, and to allow ample time for study of the revised Bill and making representations thereon. The enactment of a definitive statutory list of Imperial subordinate legis- lation in force in New Zealand is contemplated. This list could appropriately be included in the revised Bill, but this course is not intended to be followed if it is likely to cause appreciable delay. Provision for the additional list can be made by a separate Bill. Representations in relation to the present Bill may be made in accordance with the normal practice to the Clerk of the Statutes Revision Committee of tlie House of Representatives. No. 98-1 Price $2.40 IMPERIAL LAWS APPLICATION BILL EXPLANATORY NOTE THIS Bill arises out of a review that is in process of being made by the Law Reform Council of the Imperial enactments in force in New Zealand. The intention is that in due course the present Bill will be allowed to lapse, and a complete revised Bill will be introduced to take its place.