English Common Law in the Age of Mansfield pot

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[...]... reports, as reflected in the full reprint of the English Reports In the footnotes I cite only the reports of cases in the nominative reports, and usually only to the best-known versions for cases that have multiple reports in the nominatives One exception is in chapter 17, where all known reports of important slave cases are of interest and are cited Also, in the Table of Cases, I give page and volume cross-references... used in the printed statute compilations in circulation in the eighteenth century When this occurs in statutory citations in this work, the location of a cited statute in the common printed editions is given in brackets after the citation to Statutes of the Realm Statutes of the Realm was prepared pursuant to a parliamentary commission but covers statutes only to the end of the reign of Queen Anne The. .. relationship of the Attorney General and the Solicitor General was a close one The law officers were called upon for an array of services Principally these included the giving of legal opinions on questions of domestic and international law, decisions about initiating and handling litigation, and the drafting of proposed bills for consideration in Parliament Requests for these services came, typically, from the. .. episode involving Ryder and Murray has been featured by Mansfield s biographers According to Campbell, ‘ The King of Prussia had sought to remodel the law of nations in a way that would have rendered naval superiority in time of war of little avail.’’ 26 A memorial was prepared by the Prussian minister spelling out details of the Prussian position, such as denying the validity ‘ of all the proceedings in. .. Museum, [1870]–1954) James Oldham, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, vol 1 (Chapel Hill: University of North Carolina Press, 1992) James Oldham, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, vol 2 (Chapel Hill: University of North Carolina Press, 1992) The Compact Edition of the Oxford English Dictionary, 2 vols (Oxford:... common law at the time and in the light of Mansfield, an introduction should be given to the man and to the court over which he presided, through which he reshaped the law Some familiarity with Mansfield s attributes, and with the stature and procedures of the Court of King’s Bench, will also be helpful in understanding the developments in the various subject areas that are the main body of this work... Justice Mansfield s views praising the intrinsic value of the common law over legislation have been publicized,34 but he did not ignore the advantages of legislation He appreciated, for example, the immediacy and reach of a statute as a means of regulating public behavior At the same time, he stated in a speech in the House of Lords his view ‘‘never to propose a new law when there was an existing remedy... identified nine ‘‘supreme courts,’’ four ecclesiastical courts, seventeen courts for the City of London, eight courts for the City of Westminster, fourteen courts ‘ in the part of the Metropolis, lying within the County of Middlesex,’’ and eight courts in the Borough of Southwark in Surrey.1 Functionally, other than the supreme courts and the ecclesiastical courts, these included eighteen inferior courts... Edward Willes on the left and Francis Buller on the right) amid a commotion of lawyers, with part of the jury in view (Courtesy of the Treasurer and Masters of the Bench at Lincoln’s Inn, London) 14 The Court of King’s Bench dural,4 but his strong substantive imprimatur—especially on commercial themes—was soon to follow, and it was pervasive In regulating the flow of business in his court, Mansfield was... Lord Mansfield 11 tonished observers, the more so as it continued into the 1780s.42 For example, the seventy-five-year-old Mansfield, presiding over the trial of Lord George Gordon for his responsibility in the Gordon Riots, commenced the hearing at 9 a.m and continued without interruption until he concluded two hours of summation to the jury at 4:30 a.m the next morning.43 Another trait exhibiting Mansfield s . Ihave examined since 1992, mainly sources held by the libraries of three of the Inns of Court in London—Lincoln’s Inn, the Middle Temple, and the Inner Temple.I. justified by the importance to modern law of the subject matter and by the defining Mansfield imprint.None of the transcriptions of trial notes contained in the
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