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Legal History

Common Lawyer

Articles on legal history, law in England and Wales

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Last Entry: December 18, 2008 at 14:33:14

Historical Novels: Susana Gregory

Posted on December 18, 2008
Having recently read that Helen Maud Cam, one of my legal history heroines (yes, we legal historians have our heroines) ...

Provocative views on provocation

Posted on November 12, 2008
The Times on 7th November reports the unease of Lord Phillips about the attempt to stop men attacking their wives/ partners, by changing the rules on the pleading of provocation. He is not happy that the proposals 'so diminish the significance of sexual infidelity as expressly to exclude it from even the possibility of amounting to provocation'...

Retreat from Ropaigealach?

Posted on November 12, 2008
Could it be that land law lecturers are to be spared the search for Irish-speaking friends when they are about to lecture on mortgages? Jack Straw, apparently has just noticed that it is a bit mad to have all sorts of protection and second chances for borrowers in repossession cases, if the bank goes through courts, but nothing much if they do it out of court...

Conveyed away

Posted on October 31, 2008
Hang on to your hats! The latest Conveyancer and Property Lawyer is out, and there's a lot of weighty stuff ...

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Repossession rules

Posted on October 23, 2008
Gearing up for the recession we are apparently entering, the Master of the Rolls has approved a Civil Justice Council ...

Colonial hangovers: Bancoult case

Posted on October 23, 2008
International and public lawyers will be getting all a-twitter about the hugely important case of R (on the application of ...

Voting age consultation

Posted on October 21, 2008
There's a consultation out, asking whether the UK voting age should be lowered from 18 to 16. The answer is ...

Blackstone Biog.

Posted on October 17, 2008
Times 16th Oct p. 55 has David Pannick?s review of W. Prest?s Blackstone biography. It is generally positive, though does ...

Sleepwalking, madness, rape

Posted on October 17, 2008
Labour MP Harry Cohen has a 10-minute rule bill attempting to bar rape defendants from running a defence of ?I ...

Wigging out

Posted on October 16, 2008
The recent changes in court dress were prompted by the fact that judges and barristers were wildly out of line ...

Mortgages and human rights

Posted on October 16, 2008
There's an interesting case today on mortgage repossessions and sales - likely to be on the rise in the near ...

X-parte factor

Posted on October 13, 2008
While members of the Bench are in the mood for a bit of modernisation of their image (what with getting ...

Consultation Capers

Posted on October 09, 2008
The Department for Communities [whatever that means] and Local Government [not yet pluralised] is going consultation crazy just now, with ...

Ryan St George v Home Office (2008) CA LTL 8/10/2008.

Posted on October 09, 2008
Ryan St George v Home Office (2008) CA LTL 8/10/2008.This is the sort of thing which will have the ...

Yet More Middle Earth Jurisprudence

Posted on October 08, 2008
Continuing the occasional series on the legal world of J.R.R. Tolkein?s stories, here are some thoughts on The Children of ...

Tricks, treats and tribunals

Posted on October 07, 2008
As we approach Hallowe?en, if anyone wants a trip into a real chamber of horrors, they can do no better ...

Mystic Predictions

Posted on October 06, 2008
Horoscopes are, despite their prevalence in British newspapers, of course, a load of old rubbish. Names, however, may provide more ...

Horsehair shares down

Posted on October 03, 2008
Horsehair shares downAs if the headlong fall of the financial sector were not sufficient, another important British industry is ...

Hands off Magna Carta

Posted on October 03, 2008
Ignoring decades if not centuries of excellent research on the background to and nature of Magna Carta and its various reissues, the current Master of the Rolls has produced an article (Times 2/10/08, p.60) on modern civil liberties and counter-terror law, drawing the usual shaky line from the miscellaneous Big Charter of Liberties to universal rights to fair treatment in the modern world, and painting a positive portrait of principled Conservative M...

Bubbles and barminess

Posted on October 02, 2008
As the financial world melts down, explodes or whatever other evocative, concrete verb we are using today, the legal historian?s mind turns to the excesses of the first flush of mad, greedy, speculation, in the time of the famous South Sea Bubble. See R...

Newish online resource

Posted on October 01, 2008
Highly recommended - the recent, and free - Records of the Parliament of Scotlandhttp://www.rps.ac.uk/It has a handy search ...

Fi. fa. fo fum

Posted on September 30, 2008
Hold the front pages! The sinisterly-named (or maybe it sounds like a club) Ministry of Justice has just released the ...

Malory Towers: Law in the Arthurian World

Posted on September 29, 2008
Law in the Arthurian WorldI'm not aware of any legal history writing on the Arthurian world, though there are ...

Megalithic Law

Posted on September 17, 2008
There's a public consultation about revamping Stonehenge, at http://www.stonehengeconsultation.org/Stonehenge, of course is one of those mysterious places with many ...

Late Review/ Appreciation

Posted on September 09, 2008
I have just read and found very useful C. Saunders, Rape and Ravishment in the Literature of Medieval England (Cambridge, 2001). Generally, I am very wary of literary treatments of legal or partly legal topics - they tend to get into the slough of Foucault very quickly and thence up their own fundamentalities without too much more ado...

Judge Dredd and the Future of the Common Law

Posted on August 06, 2008

Open letter, minds possibly less open?

Posted on July 01, 2008
It seems that 1,300 disgruntled Anglicans have sent an open letter to the Archbishops, opposing the move to allow women ...

Mortmain in Space

Posted on June 23, 2008
Those sci-fi/legal history nuggets keep on coming...I was watching an old Dr Who today ? ep. 1 of The Ribos Operation (1978, featuring Tom Baker, K9 and the first appearance of the somewhat sinister assistant, Romana). The main storyline is about the quest to find the missing segments of the Key To Time, but there is some interesting allusion to medieval conveyancing...

Unfree Tenure Top Ten

Posted on June 16, 2008
Unfree Top Ten(ure)Songs10. I?m your man[or] Wham9. Serfin? U.S.A. Beach Boys8...

Gratuitous 'What If?' History

Posted on June 12, 2008
1533: A King?s Prerogative (POV Thomas Cranmer)The King?s Great Matter had occupied my mind for years. I had spent ages consulting law books, then in careful diplomacy and scholarly dispute. Finally, the case was coming together. I knew that we would have to hold our nerve and make the break with Rome, but I was sure I could win the people away from that old superstitious nonsense...

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