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Discussion Groups

These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.

Oxford Legal History Forum

Publications

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Journal Articles

2012

J S Getzler, 'Brian Simpson's Empiricism' (2012) 3 Transnational Legal Theory 127 [...]

Brian Simpson's critique of Herbert Hart's The Concept of Law confronts abstract attempts to analyse law using the tools of linguistic philosophy with Simpson's preferred approach of dense historical narrative which strives to reconstruct the mentalities of past legal actors. Simpson's approach can be seen as a species of 'thick description' that ultimately shares much with the intellectual world of linguistic philosophy that he assails. Simpson's quarrel with Hart can thus be redrawn as a quarrel between two variant forms of British empiricism; Simpson's purposes are not so radically different to Hart's as he claims. The main difference is that Simpson relies on a shared (and often parodic) understanding with his audience of the nuances of common-law culture, whilst Hart is more interested in how linguistic usage common to contemporary lawyers can reveal general qualities of law. These are not rival enterprises.


A J B Sirks, 'Das Dotalprivileg in den deutschen Gebieten im 19. Jahrhundert' (2012) 129 Zeitschrift der Savigny-Stiftung Rom. Abt. 522 [...]

Abstract: During the preparations for the German Civil Code, the Women's Association petitioned in 1876 for the insertion of the Roman dotal system. The paper analysed the reasons for it and sets out, that this system indeed provided women the best security of their properties in case of marriage, divorce and insolvency.

Die Petition des Allgemeinen Deutschen Frauenvereins, 1876 eingereicht beim Reichstag, das römische Dotalrecht in das zukünftige bürgerliche Gesetzbuch einzuführen, war keine Nostalgie oder pandektistischer Enthusiasmus, sondern eine Wahl für ein den Frauen günstiges Ehegüterrechtssystem. Theoretisch bedeutete es vollständiger Gütertrennung, und insoweit dem Ehemann eine Dos überlassen worden war, konnte die Frau diese schon bei drohender Missverwaltung zurückziehen. Dazu kam ihre privilegierte Dotalhypothek. In der Praxis war die Dos sicherlich nicht nur eine Gepflogenheit des Adels und höheren Bürgerstands, sondern auch ein Mittel für die ärmeren Schichten, im Falle eines wirtschaftlichen Zusammenbruches oder einer Insolvenz, noch etwas für sich zu retten. Das war möglich, weil und solange die Frau ihre privilegierte Dotalhypothek hatte. Dabei half auch, dass die Dosbestellung im 19. Jh. sehr aufgelockert war. Die Rechtsprechung zeigt vielfältige Anwendungsformen, wobei die Kollision mit dem sogenannten Kaufgeldhypothek oder reservatio dominii, über die Frage, welche Vorrang haben sollte, besonders hervortrat.


2011

M R Macnair, 'Free Association versus Juridification' (2011) 39 Critique 53 [...]

DOI: 10.1080/03017605.2011.537453

The article argues that the 'unlawfulness' of industrial action at common law is the product of judicial bias; and that there are institutional reasons in the structure of the legal system to suggest that such bias is ongoing and will be applied to any legislative framework


ISBN: 0301-7605

A J B Sirks, 'Cornelis van Bijnkershoek as author and elegant jurist' (2011) 79 Tijdschrift voor Rechtsgeschiedenis 229 [...]

Bijnkershoek wrote next to his three works on international law a series of books on Roman law and on the private law of Holland and Zeeland. Those on Roman Law deal with various aspects, mostly with textual criticism of the Corpus juris, while a part consists of essays on specific subjects. The book on private law combines analyses of certain legal problems with jurisprudence of courts. Are all these texts obsolete by now? A modest exploration of these essays suggests that is not the case as far as textual criticism is concerned; at least some of the essays in Roman law are still actual for present-day research. The essays on private law are of course of value for historical research.


ISBN: ISSN 0040-7585

2010

J S Getzler, 'Richard Epstein, Strict Liability, and the History of Torts' (2010) 3 Journal of Tort Law #3 [...]

Epstein's strict liability model of tort law, first stated in 1973, relied on arguments derived from the history of the common law, starting with the late medieval period and extending into the nineteenth century. Since that seminal article was published, legal historical scholarship has deepened our understanding of earlier tort law and brought many new sources to bear, and it has also uncovered a pervasive if quiet Romanistic influence on doctrinal development. None of this new work overturns Epstein's historical intuitions, and his strict liability theory can continue to claim support in the practices of the older common law.


ISBN: 1932-9148

2009

J S Getzler, 'Transplantation and Mutation in Anglo-American Trust Law' (2009) 10 Theoretical Inquiries in Law 355 [...]

In the early nineteenth century, authoritative treatise writers such as Joseph Story represented Anglo-American trust law as a seamless web. But the transplantation of trusts law from England to America was not a simple process of adherence. Rather, American courts and legislatures came to discard fundamental doctrines of English trusts law, and by such genetic engineering mutated this body of law into a new breed. Restraints on anticipation and on alienation were embraced, and in key state jurisdictions bare trusts were abolished, or else displaced from the core of trusts law. Irreducible settlor power over beneficiaries and the strong protection of beneficiaries from creditors under spendthrift trusts were two strikingly original American creations flowing from these basic doctrinal choices. The changes made to American trust doctrine leads to a paradox for the legal, social and economic historian, namely that republican America ended up with more a dynastic property law, more wedded to the dead hand and more hostile to commercial creditors, than did aristocratic England with its unreformed system of common law and equity rooted in the feudal property system. This paper explains how the English slowly came to commit to relatively free alienability of beneficial interests and the enhancement of beneficiary's powers over trust assets, and then charts how Americans abandoned these commitments. Some fresh interpretations are offered as to why these divergences occurred, rooted in the volatility of credit in America and the desire of the wealthy to escape from the pressures of the market.


ISBN: 1565-1509

2008

A J B Sirks, 'Bijnkershoek over de ‘quade conduites’ van Huibert Rosenboom, president van de Hoge Raad (1691–1722). Een bijdrage op grond van tot dusverre onuitgegeven teksten uit de Observationes tumultuariae (als bijlage toegevoegd)' (2008) 76 Tijdschrift voor Rechtsgeschiedenis 49 [...]

In the manuscript of the Observationes tumultuariae of Cornelis van Bijnkershoek there are several leaves with notes by his hand, as well as notes on the end leaves of the volumes. Some leaves and the notes on the end leaves of the volumes IX-XIV have already been published. What is published here in an Appendix, with explanatory notes, are the leaves with Bijnkershoek’s observations on President Rosenboom and his fellow judges (‘Directien’, ‘Quade Conduite’), and the notes on the end leaves of volumes I–VIII, which concern everyday matters of the Supreme Court, next to again observations on Rosenboom. On basis of these latter remarks the opening article reflects on the malpractices of Rosenboom and the way the Court functioned.


2004

P A Brand, 'Petitions and Parliament in the Reign of Edward I' (2004) Parchment and People: Parliament in the Middle Ages 14 [...]

Examines the beginning of petitions to parliament in the reign of Edward I; their formal analyis; who the petitions were; and the evidence for how they were dealt with in early parliaments


ISBN: 748619755

J S Getzler, 'Chancery Reform and Law Reform' (2004) 22 Law and History Review 601 [...]

Criticises Lobban's procedural vision of early 19th centiry law-equity fusion, and places the process within a context of substantive doctrine and wider law reform in England's commercialising economy.


ISBN: 0738-2480

2003

E Descheemaeker, 'Mapping the Common Law: On a Recent English Attempt and its Links with Scottish Jurisprudence' (2003) 115 Juridical Review 295 [...]

One principal difference between the legal traditions of Scotland and England is that, while Scots lawyers have always been committed to a rational structure of the law, English lawyers have generally shown themselves indifferent to legal taxonomy. Nevertheless, Oxford’s Professor Birks has recently edited a treatise on English private law which in effect revives the long-standing Roman institutional scheme, thus ‘civilianising’ the common law and bringing it a step closer to Scots law, which has been relying on this map for centuries. This article sets out to evaluate the merits of his enterprise. To that effect, it primarily examines the triangular relationship between the taxonomies of Roman, English and Scots law.


ISBN: 0022-6785

2001

M R Macnair, 'The Court of Exchequer and Equity' (2001) 22(3) Journal of Legal History 75 [...]

Reviews three books on the sources for the equity jurisdiction of the Court of Exchequer and considers what these tell us about the evolution of the jurisdiction. Also considers issues in relation to methods of classification for legal-historical statistics.


1996

J S Getzler, 'Theories of Property and Economic Development' (1996) 26 Journal of Interdisciplinary History 639

Books

2012

W.J. Zwalve and A J B Sirks, Grundzüge der europäischen Privatrechtsgeschichte. Einführung und Sachenrecht (Böhlau, Vienna 2012) [...]

Abstract: The purpose of this book on property, possession, transfer of property and security is threefold: to show the coherence between the main European legal systems, on the basis of the ius commune, to introduce into the basic concepts of civil and common law, and into the fundaments of the continental codifications.

Willem J. Zwalve und Boudewijn Sirks verfolgen mit ihrer Untersuchung drei Ziele: den Nachweis, wie groß – trotz scheinbarer Rechtsvielfalt – der Zusammenhang zwischen den unterschiedlichen westeuropäischen Rechtssystemen ist; die Gewichtung der rechtspolitischen Überlegungen, die den unterschiedlichen Kodifikationen zu Grunde liegen; und schließlich den Leser in einige Grundbegriffe des kontinentalen „civil law“ und des englischen „common law“ einzuführen und auf die gemeinsamen Traditionen mit dem kontinentaleuropäischen Rechtssystem zu verweisen.


2006

J S Getzler, A History of Water Rights at Common Law (paperback) (Oxford University Press 2006) [...]

Paperback corrected edition of my monograph of 2004; see parallel entry.


ISBN: 0-19-920760-7

2005

P A Brand, The Parliament Rolls of Medieval England, 1275-1504: vols I and II (The Boydell Press 2005) [...]

Edition and translation of the official records of the English parliament 1275-1307 with introductions to the surviving records and the parliaments of the period and appendices of related material


ISBN: 1-84383-161-9

2002

P A Brand and others, Credit and Debt in Medieval England, c. 1180-c.1350 (Oxbow Books 2002) [...]

My contribution to this volume is a chapter on 'Aspects of the Law of Debt, 1189-1307' which is an attempt to provide a modern overview of the development of the law of debt during the period 1189-1307, with a particular focus on debts arising out of loans.


ISBN: 1842170732

2001

P A Brand and others, Time in the Medieval World (York Medieval Press 2001) [...]

My contribution to this volume is a chapter on 'Lawyer's Time in the Later Middle Ages' which look bothe at the ways in which medieval courts and lawyers dealt with present time (terms, return days and days in court) and at ways of conceiving and categorising time now past


ISBN: 1903153085

Chapters

2014

J S Getzler, 'Citation and the authority of opinions in Roman and Jewish law: The snake oven revisited' in J Hallebeek, M Schermaier, R Fiori, E Metzger & J-P Coriat (eds), Inter cives necnon peregrinos: Essays in honour of Boudewijn Sirks ( 2014) [...]

An historical study, in honour of Boudewijn Sirks on his retirement, of canons of citation and authority of legal arguments,drawing from ancient Jewish traditions of religious jurisprudence adjacent to late imperial Roman law principles of juridical authority. It begins with the notorious Lex Citandi, the "Law of Citations", also known as the "lex de responsis prudentium", found in the Theodosian Code 1.4.3,later to be replaced by the Justinianic rules of equality of argument. The main part of the paper then looks closely at majoritarian principles in halakhah or Jewish law as preserved in the classical Mishnaic and Talmudic texts. The contrast between the Roman and Jewish systems raises the question whether legal decision-making, involving the sifting and weighing of authorities, is itself a morally important act, or merely a machinery administered by technical experts, of limited spiritual virtue. This is a different problem to the content question — whether the law that binds subjects has any necessary connection to the moral purposes that we pursue in our private and public lives. The ancient jurisprudence suggests a regard for the moral content of the adjudicative process itself.


ISBN: 13: 978-3847103028

J S Getzler, 'Law and Self-Interest' in Maksymilian Del Mar and Michael Lobban (eds), Legal Theory and Legal History: A Neglected Dialogue ( 2014) (forthcoming)

M R Macnair, 'Good Faith in English Contract Law before 1850' in Jan Hallebeek, Martin Schermaier, Roberto Fiori, Ernest Metzger, Jean-Pierre Coriat (eds), Inter cives necnon Peregrinos: essays in honour of Boudewijn Sirks (V&R unipress 2014) [...]

This chapter studies judicial references to a general duty of good faith in contracting between c. 1740 and c. 1850; the extent to which these could be conceived as a "legal irritant" (Teubner) or foreign importation, i.e. their antecedents in medieval and early modern English law, and the extent to which these could be considered as parallel with the Roman law system of contracts actionable by actions stricti iuris and bonae fidei; and, more tentatively, the decline in the mid 19th century of references to a general duty of good faith in contracting, leaving 'islands' behind, and its accompaniment, the expansion of 'caveat emptor' from a rule mainly about priorities in purchase with notice of defective title, to a general principle (and the mitigation by later 19th century statutes of uncertainties caused by the new general 'caveat emptor' principle).


ISBN: 978-3-8471-0302-8

S Vogenauer, 'Schlüsselwörter in englischen Savigny-Übersetzungen' in J Rückert (ed), Savigny international? (Vittorio Klostermann 2014) [...]

ca 80 pp. The article analyses key words and passages in the English translations of three main works of the influential German jurist Friedrich Carl von Savigny: The History of Roman Law During the Middle Ages (vol I, 1829), Of the Vocation of Our Age for Legislation and Jurisprudence (1831), and System of the Modern Roman Law (vol I, 1867).


2013

J S Getzler, 'Faith, Trust, and Charity' in A Burrows, D Johnston, and R Zimmermann (eds), Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry (Oxford University Press 2013) [...]

Lord Rodger's last book examined constitutional issues arising from the Disruption of the Church of Scotland of 1843. This essay in honour of Lord Rodger looks at the Disruption anew through the lens of private law. It examines problems arising where a court is vested with jurisdiction over issues of religion by the regular operation of secular law as a source of private rights created at will by private actors. This is quite distinct from cases where religious practice collides with secular law created directly by coercive public command so as to bind all subjects. For example, where a group forms an association based on civil institutions of contract, co-ownership and trust in order to pursue a common religious life, then regular enforcement of those private-law agreements and shared property rights can give the courts a lever to decide matters of religion enshrined in the original constitution of the group. Thus if A and B vest property into common or entrusted ownership and agree that this will be used to support a certain form of religious practice, creed, and ritual, then A may sue B to force him by law not to vary the practice, creed, or ritual, as a matter of contract, property, or trust law. Successors may perpetually rely on the original agreements to enforce religious forms many generations later. And a religious form of life may be "double-entrenched" by making the original means of governance of the religious community a fundamental condition of the association and so immune to normal majoritarian vote. These issues were fought out in many great cases before and after the Disruption, and this jurisprudence forms a backdrop to Lord Rodger's important dissent in the Jewish Free School Case of 2009.


ISBN: 978-0-19-967734-4

M R Macnair, 'Arbitrary Chancellors and the problem of predictability' in Willem Zwalve & Egbert Koops (eds), Law and Equity: Roman Law and Common Law approaches (Brill 2013) [...]

Roman law experienced concerns about arbitrary decision-making by Praetors. English equity being much more recent, we have much better evidence both for actual arbitrary decision-making by Chancellors, and for concerns about arbitrary decision-making by Chancellors. The remedies adopted, however, are profoundly different. The Romans made the Edict more like the Twelve Tables - a code. The development of English law, in contrast, made equity more like the common law: a system based on the communis opinio of a narrow group of advocates (in the case of modern Chancery equity, the specialist Chancery bar), expressed in the heavy use of precedent and case reporting, modified by particularistic statutes, and governed by collegiate courts of review or (in modern times) appeal. The eventual upshot is that modern ‘Chancery bar equity’ is perhaps the least ‘equitable’, in the Aristotelian ἐðéåßêåéá sense of ‘flexible’, branch of English law.


S Vogenauer, 'Zivilprozessuale Folgen subjektiver und objektiver Interpretationslehren: Das Reichsgericht und die Revisibilität der Auslegung von Willenserklärungen' in A Kiehnle, B Mertens and G Schiemann (eds), Festschrift für Jan Schröder zum 70. Geburtstag (Verlag Mohr Siebeck 2013) [...]

pp 221-45. The article traces the case law of the German Imperial Court in the late 19th and the early 20th centuries with regard to one of the procedural issues regarding the interpretation of contracts under German law, i.e. whether this is a question of law (which can be assessed by the court of last resort) or a question of fact (on which the assessment of the lower courts is conclusive). The procedural issue is linked to the meta-theories of contractual interpretation prevailing at a given time: as long as a subjective approach was predominant, interpretation was regarded as determining the 'true' intention of the parties, and thus as a question of fact; when the objective approach gained prominence, interpretation was regarded as attributing the 'correct' meaning to the words, so it was increasingly seen as a question of law.


2012

J S Getzler, 'Morice v Bishop of Durham (1805)' in C Mitchell and P Mitchell (eds), Landmark Cases in Equity (Hart Publishing 2012) [...]

Morice v Bishop of Durham (1804-5) is most definitely a leading case in the law of trusts. But it was not cited as authority for any 'beneficiary principle' or 'certainty of objects' rule in the general texts of trusts and equity until well toward the middle of the nineteenth century. Its real celebrity as a leading decision dates to the early and mid-twentieth century, as lawyers grappled with the challenge of amorphous beneficial objects in the new environments of family and corporate tax planning, corporate finance, pensions, and offshore jurisdictions. The urgent problems facing lawyers at the time of Morice were rather different, and harked back to two linked issues that had troubled the legal system since before the Reformation -- controlling the deathbed disherison of heirs, and restraining the putting of testamentary property into mortmain, that is perpetual or 'deadhand' control of property by ecclesiastical bodies or other corporations. This explains why Morice was early picked up by cases and texts on mortmain and charitable uses, and remained rather invisible in the key literatures on trusts. The beneficiary principle had to become controversial before it could be noticed properly as a foundational doctrine.


ISBN: 9781849461542

M R Macnair, 'Coke v Fountaine (1676)' in Charles Mitchell & Paul Mitchell (eds), Landmark Cases in Equity (Hart 2012) [...]

Though commonly cited in modern equity books, Lord Nottingham's decision in Coke v Fountaine was only reported by Lord Nottingham himself and was not cited until Swanston printed Lord Nottingham's report in 1827 - though other aspects of the litigation were reported and cited. This chapter examines why this was the case, working through the background to the litigation and its complex multiple character, concluding that Lord Nottingham's decision 'turned on its own facts,' and in so far as it was worth citing, was obscured by the passage in the following year of the Statute of Frauds.


ISBN: 9781849461542

A J B Sirks, 'Strategies in Law and Justice in the 18th Century Dutch Republic' in S. Muller, S. Zouridis (eds), Law and Justice: A Strategic Perspective (Torkel Opsahl Academic EPublisher 2012)

2010

A J B Sirks, 'Een insana Doctorum controversia: de reservatoire clausule' in H. Dondorp e.a. (ed), Ius Romanum – Ius Commune – Ius hodiernum. Studies in honour of Eltjo J.H. Schrage on the occasion of his 65th birthday (Scientia, Aalen 2010) [...]

The clausula reservatoria in testaments allowed for later additions by way of a codicil, which would have force as if made by the testament. It caused problems, since it sometimes it counteracted dispositions of the testament. Bynkershoek was opposed to its use: only if it regulated something left open it was allowed. But the usus modernus of the Dutch Republic was very liberal and even accepted de facto revocations.


A J B Sirks and J. Hallebeek, 'Uit het Archief van de Raad van Justitie te Colombo: rechtsbedeling in Ceylon in de 18e eeuw' in R. van den Bergh (ed), Libellus ad Thomasium. Essays in Roman Law, Roman-Dutch Law and Legal History in Honour of Philip J. Thomas (Fundamina 2010) [...]

The National Archive of Sri Lanka contains much from the Dutch period. Three cases from the archive of the Council of Justice are described and analysed: a commercial case, a manumission and a criminal case. They show the multicultural society of Ceylon of the 18th century and the correct administration of justice.


2009

J S Getzler, 'Company Law: English Common Law' in S N Katz (ed), The Oxford International Encyclopedia of Legal History (Oxford University Press 2009)

J S Getzler, 'Easements' in S N Katz (ed), The Oxford International Encyclopedia of Legal History (Oxford University Press 2009)

J S Getzler, 'Environment Law: English Common Law' in S N Katz (ed), The Oxford International Encyclopedia of Legal History (Oxford University Press 2009)

A J B Sirks, 'Het appèl tegen de veedief Verhoef uit het Schieland (1740)' in Chr. Coppens, J. Hallebeek (eds), Fabrica Iuris (Gerard Noodt Instituut, Nijmegen 2009) [...]

Abstract: Bijnkershoek mentions in his Index the problem of appeal in an extra-ordinary (criminal) procedure: is the defendant to get legal assistance and the appeal to be treated as an ordinary procedure? The actual case he mentions where this question arose (again) is that of a cattle rustler from Schiedam.

2008

J S Getzler, 'Denning, Alfred Thompson; Historical Research in Law; Keech v Sandford; Water Law' in P Cane and J Conaghan (eds), New Oxford Companion to Law (Oxford University Press 2008)

2007

S Vogenauer, '§§ 328-335: Versprechen der Leistung an einen Dritten' in M Schmoeckel, J Rückert, R Zimmermann (eds), Historisch-kritischer Kommentar zum BGB, vol II (Verlag Mohr Siebeck 2007) [...]

History of the doctrine of privity and third party rights in European contract law.


ISBN: 978-3-16-149376-8

2006

J S Getzler, 'Rumford Market and the Genesis of Fiduciary Obligations' in A Burrows and A Rodger (eds), Mapping the Law: Essays in Memory of Peter Birks (OUP 2006) [...]

The seminal case of Keech v Sandford is analysed from three perspectives: the fiduciary theory of Peter Birks which sees fiduciaries as an offspring of trust custodianship; the historical intent of King LC, the author of the judgment, which was to prevent profit from office as a basic principle of public and legal mores; and the longer-term historical functions of fiduciary law. It is argued that trusts can be seen as an offspring of the fiduciary principle, and that the historical strength of the principle should speak against attempts by John Langbein and others in the US and UK to dilute that principle into one of acting in the best interests of beneficiaries.


ISBN: 0-19-920655-4

J S Getzler, 'The Role of Security over Future and Circulating Capital: Evidence from the British Economy circa 1850-1920' in J Getzler and J Payne (eds), Company Charges: Spectrum and Beyond (OUP 2006) [...]

An analysis drawing on economic history to cast doubt on the orthodox view - expressed inter alia by Lord Scott in Spectrum - that floating charges were an essential innovation in late-19th century corporate finance, necessary to summon loan capital for enterprise and so counterbalance weaknesses in the equity market. An alternative thesis is offered that the floating charge was developed to maintain bank liquidity, and may have distorted entrepreneurial incentives.


ISBN: 0-19-929993-5

J Hackney, 'Denials Ancient and Modern' in Andrew Burrows and Lord Rodger of Earlsferry (eds), Mapping the Law (Oxford University Press 2006) [...]

A study of the doctrine surrounding denial of title in modern English land and early modern personal property law with an account of the contrasting doctrine in Roman Law


ISBN: 0-19-920655-4

2005

J S Getzler and Mike Macnair, 'The Firm as an Entity before the Companies Acts' in P Brand, K Costello and W N Osborough (eds), Adventures in the Law: Proceedings of the 16th British Legal History Conference, Dublin ( 2005) [...]

Shows how law, equity and ad hoc statute permitted forward and reverse asset partitioning in the two centuries before the Companies Acts, and thereby questions the orthodoxy regarding the rise of free incorporation.


ISBN: 1-85182-936-9

2004

P A Brand, 'Lordship and Learning: Studies in memory of Trevor Aston' in Stewards, Bailiffs and the Emerging Legal Profession in Later Thirteenth-Century England (The Boydell Press 2004) [...]

The career of one well-attested Norfolk local lawyer murdered in 1312 is used to explore the various functions performed by local lawyers in this period and the role of such lawyers in stimulating litigation and helping and advising litigants


ISBN: 1-84383-070-1

P A Brand and others, 'The Mortmain Licensing System, 1280-1307' in Adrian Jobson (ed), English Government in the Thirteenth Century (Boydell Press 2004) [...]

Authoritative study of the beginnings of the system for central governmental licensing of all grants to the church created after the 1279 statute of mortmain


ISBN: 1843830566

J S Getzler, 'Edward Sugden, Baron St. Leonards' in C Matthew and B Harrison (eds), The New Dictionary of National Biography (Oxford University Press, Oxford 2004)

J S Getzler, 'Sir Charles Crompton' in C Matthew and B Harrison (eds), The New Dictionary of National Biography (Oxford University Press, Oxford 2004)

J S Getzler, 'Sir Cresswell Cresswell' in C Matthew and B Harrison (eds), The New Dictionary of National Biography (Oxford University Press, Oxford 2004)

J S Getzler, 'Sir John Jervis' in C Matthew and B Harrison (eds), The New Dictionary of National Biography (Oxford University Press, Oxford 2004)

M R Macnair, 'Comyns, Sir John (c.1667–1740)' in Oxford Dictionary of National Biography (Oxford University Press 2004) [...]

Oxford DNB biographical outline of Sir John Comyns, Chief baron of the Exchequer (revise of existing old DNB text)


M R Macnair, 'Gilbert, sir Jeffray (1674–1726)' in Oxford Dictionary of National Biography (Oxford University Press 2004) [...]

Oxford DNB biographical outline of Sir Jeffray Gilbert, Chief Baron of the Exchequer (new article)


M R Macnair, 'Hill, George (c.1716–1808)' in Oxford Dictionary of National Biography (Oxford University Press 2004) [...]

Oxford DNB biographical outline of George Hill, lawyer & eccentric (revise of old DNB text)


M R Macnair, 'Talbot, Charles, first Baron Talbot of Hensol (bap. 1685, d. 1737)' in Oxford Dictionary of National Biography (Oxford University Press 2004) [...]

Oxford DNB biographical outline of LOrd Talbot, Lord Chancellor 1734-37 (new article)


2003

J S Getzler, 'Roman and English Prescription for Incorporeal Property' in J Getzler (ed), Rationalizing Property, Equity and Trusts: Essays in Honour of Edward Burn (Lexis-Nexis Butterworths 2003) [...]

Analysis and criticism of prescription for incorporeal property and nature of land use titles, showing dense historical background to the House of Lords decision in Hunter v Canary Wharf and indicating future directions for simplifying law reform.


ISBN: 406964408

2002

J S Getzler, 'The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Case (revised version)' in J W Cairns and G McLeod (eds), 'The Dearest Birth Right of the People of England': The Jury in the History of the Common Law (Hart Publishing, Oxford 2002)

2000

J S Getzler, 'The Fate of the Civil Jury in Late Victorian England: Malicious Prosecution as a Test Case' in G R Rubin and K O'Donovan (eds), Human Rights and Legal History: Essays for Brian Simpson (Oxford University Press, Oxford 2000)

1997

J S Getzler, 'Judges and Hunters: Law and Economic Conflict in the English Countryside, 1800-60' in C Brooks and M Lobban (eds), Communities and Courts in Britain 1150-1900 (Hambledon Press, London 1997)

J S Getzler, 'Patterns of Fusion' in P B H Birks (ed), The Classification of Obligations (Oxford University Press, Oxford 1997)

Edited books

2012

J S Getzler and Paul Brand (eds), Judges and Judging in the History of the Common Law and Civil Law (Cambridge University Press 2012) [...]

This volume of essays by leading legal historians addresses significant topics in the complex history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil-law countries.


ISBN: 9781107018976

2006

J S Getzler and Jennifer Payne (eds), Company Charges: Spectrum and Beyond (Oxford University Press 2006) [...]

This volume draws together the views of some prominent figures in corporate law and finance regarding the law on fixed and floating charges. The focus for the book is the litigation in the case of Spectrum Plus, which culminated in a House of Lords judgment in June 2005 ([2005] UKHL 41).This decision has important commercial implications, not only for the parties in the case but also for the business community at large, including banks and other lenders, and practitioners in corporate finance and insolvency. The litigation also raises important juristic questions regarding the fixed/floating charge divide such as the theoretical basis for that divide, how the divide is determined, why it exists at all and whether it ought to be maintained as a coherent doctrine and a beneficial policy. The decision also has important ramifications in both security law and insolvency law and it provides a challenge to some of our most basic conceptions of freedom of contract and the assignability of rights and assets in law and equity.These issues, amongst others, are explored by the contributors to this book. The contributors include Gabriel Moss, who was one of the QCs involved in the Spectrum litigation, Sir Roy Goode, Michael Bridge, John Armour, Robert Stevens, Sarah Worthington, Julian Franks and Oren Sussman, Jenny Payne and Louise Gullifer, Philip Wood, Joshua Getzler, Look Chan Ho and Nicholas Frome.


ISBN: 0-19-929993-5

Presentation/Conference contributions

2011

A J B Sirks, 'Roman Law as Emancipatory and Social Instrument in the 19th Century', paper presented at Thinking about Law. Essays for Tony Honoré 7 [...]

During the preparations for the German Civil Code, the Women's Association petitioned in 1876 for the insertion of the Roman dotal system. The paper analysed the reasons for it and sets out, that this system indeed provided women the best security of their properties in case of marriage, divorce and insolvency.


2010

A J B Sirks, 'Collective liability in fiscal matters in Late Antiquity?', paper presented at Editrice Scientifiche, Napoli 587

Reviews

2011

M R Macnair, 'Review of Paul D Halliday, Habeas Corpus: From England to Empire' (2011) 29 Law & History Review 629

2010

J S Getzler, 'M. Grossberg and C. Tomlins, eds, The Cambridge History Of Law In America Vol iii: The Twentieth Century And After (1920-)' (2010) 14 Edinburgh Law Review 513

2009

J S Getzler, 'A. Letwin, The Last Political Law Lord: Lord Sumner (1859-1934)' (2009) 125 Law Quarterly Review 702

2007

E Descheemaeker, 'Review of Patrick Glenn, On Common Laws' (2007) 7 OUCLJ 125

2004

E Descheemaeker, 'Review of David Ibbetson, A Historical Introduction to the Law of Obligations' (2004) 56 Revue internationale de droit comparé 1005

2003

J S Getzler, 'G. Morgan and P. Rushton, Rogues, Thieves and the Rule of Law' (2003) 21 Law and History Review 223

J S Getzler, 'T. Blackshield and others, The Oxford Companion to the High Court of Australia' (2003) 120 Law Quarterly Review 526

2002

J S Getzler, 'M. Taggart, Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply' (2002) 66 Modern Law Review 819

2001

J S Getzler, 'K.M. Teeven, Promises on Prior Obligations at Common Law' (2001) 5 Edinburgh Law Review 108

2000

J S Getzler, 'P. Goodrich, Oedipus Lex: Psychoanalysis, History, Law' (2000) 21 Journal of Legal History 141

J S Getzler, 'P. Lahav, Judgment in Jerusalem: Chief Justice Simon Agranat and the Zionist Century' (2000) 63 Modern Law Review 788

1997

J S Getzler, 'A.W.B. Simpson, Leading Cases in the Common Law' (1997) 18 Journal of Legal History 116

1995

J S Getzler, 'G.R. Rubin, Private Property, Government Requisition and the Constitution 1914-1927' (1995) 20 Social History Society Bulletin 68

J S Getzler, 'R.W. Kostal, Law and English Railway Capitalism 1825-1875' (1995) 111 Law Quarterly Review 696

1993

J S Getzler, 'A. Offer, Property and Politics 1870-1914 and J.S. Anderson, Lawyers and the Making of English Land Law' (1993) 109 Law Quarterly Review 684

Courses

The courses we offer in this field are:

Undergraduate

FHS - Final Year (Phase III)

The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.

History of English Law

This option studies the history of the principal features of the branches of law that are today known as tort, contract, land law, and trusts. The course is taught using a selection of primary sources (in translation where necessary) and of academic literature. Students are expected in the course of study to acquire knowledge of the sources of law and of the judicial system. The timespan covered is roughly between the fifteenth and the nineteenth century. This period, of course, contains a large number of separable issues, and the course is designed so that individuals can follow to some extent their own preferences, both amongst and within the major heads of study.

The examination paper contains an above average number of questions, (currently 12), which reflects this flexibility. The treatment of the subject is primarily legal, though the political, social and economic constituents in the story are referred to whenever this assists our perception of specifically legal ideas.

The teaching presumes a familiarity with the notions of property, tort and contract law and is virtually exclusively taught as a final year option. The legal history does not serve as an introduction to the modern law; if anything, the converse is the case. It is in this sense an advanced course; the feedback to the modern law is conceptual or theoretical, though a study of the history may occasionally illuminate a modern problem. There is, however, absolutely no need to have studied any other kind of English history, nor is familiarity with foreign languages necessary since the course is designed around translated materials.

Diploma in Legal Studies

History of English Law

This option studies the history of the principal features of the branches of law that are today known as tort, contract, land law, and trusts. The course is taught using a selection of primary sources (in translation where necessary) and of academic literature. Students are expected in the course of study to acquire knowledge of the sources of law and of the judicial system. The timespan covered is roughly between the fifteenth and the nineteenth century. This period, of course, contains a large number of separable issues, and the course is designed so that individuals can follow to some extent their own preferences, both amongst and within the major heads of study.

The examination paper contains an above average number of questions, (currently 12), which reflects this flexibility. The treatment of the subject is primarily legal, though the political, social and economic constituents in the story are referred to whenever this assists our perception of specifically legal ideas.

The teaching presumes a familiarity with the notions of property, tort and contract law and is virtually exclusively taught as a final year option. The legal history does not serve as an introduction to the modern law; if anything, the converse is the case. It is in this sense an advanced course; the feedback to the modern law is conceptual or theoretical, though a study of the history may occasionally illuminate a modern problem. There is, however, absolutely no need to have studied any other kind of English history, nor is familiarity with foreign languages necessary since the course is designed around translated materials.

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

Law and Society in Medieval England

This course offers an in-depth study of core areas of property and obligations law in later thirteenth and early fourteenth century England and their relationships - through legislative and judicial change and legal writing - to the medieval society of which they were part.

The topics covered are: law and the family; family settlements; lordship and ownership; property remedies; the enforcement of tenurial obligations; debts and securities; contracts, leases and property management; wrongs; problems of jurisdiction.

This course was formerly run as Legal History: Legislative Reform of the Early Common Law.

The materials studied are statutes, case reports, and treatises and instructional literature from the period, together with the modern academic literature on the topics. All the sources used are provided in translation, so that knowledge of Latin and French is not required. Prior knowledge of the history of English law is not required.

The primary teaching method is by eight fortnightly seminars running from mid Michaelmas to early Trinity terms.

This course is taught by Dr Paul Brand and Dr Mike Macair.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Law and Society in Medieval England

This course offers an in-depth study of core areas of property and obligations law in later thirteenth and early fourteenth century England and their relationships - through legislative and judicial change and legal writing - to the medieval society of which they were part.

The topics covered are: law and the family; family settlements; lordship and ownership; property remedies; the enforcement of tenurial obligations; debts and securities; contracts, leases and property management; wrongs; problems of jurisdiction.

This course was formerly run as Legal History: Legislative Reform of the Early Common Law.

The materials studied are statutes, case reports, and treatises and instructional literature from the period, together with the modern academic literature on the topics. All the sources used are provided in translation, so that knowledge of Latin and French is not required. Prior knowledge of the history of English law is not required.

The primary teaching method is by eight fortnightly seminars running from mid Michaelmas to early Trinity terms.

This course is taught by Dr Paul Brand and Dr Mike Macair.


People

Legal History teaching is organized by a Subject Group convened by:

Mike Macnair: Associate Professor of Law

in conjunction with:

Paul Brand: Professor of English Legal History
Joshua Getzler: Professor of Law and Legal History

Also working in this field, but not involved in its teaching programme:

Jeffrey Hackney: Retired. Formerly Fellow and Tutor in Law at Wadham and St Edmund Hall
Peter Hayward: Retired. Formerly Fellow of St Peter's
Arturo Ibanez Leon: DPhil Law student
Andrew McLeod: Stipendiary Lecturer in Law
Andelka Phillips: DPhil Law student
Wing Winky So: DPhil Law student
Florentine C Stolker: MSt in Legal Research
Stefan Vogenauer: Linklaters Professor of Comparative Law


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