Legal History from Hart Publishing

Good Books for Lawyers
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Legal History from Hart Publishing
Magna Carta Uncovered
Anthony Arlidge and Igor Judge
2015 marked the 800th anniversary of the grant at
Runnymede of Magna Carta.The story of how Magna
Carta came into being, and has been interpreted since,
and its impact on individual rights and constitutional
developments has more twists and turns than any work
of historical fiction.
In this book the authors bring their wide legal
experience and forensic skills to uncover the original
meaning of the liberties enshrined in Magna Carta,
and to trace their development in later centuries up to
the drafting of the Constitution of the United States of America. The book tells
the enthralling, ultimately inspirational, story of Magna Carta in a concise and
readable fashion and will captivate laymen and lawyers alike.
Anthony Arlidge has been a Queen’s Counsel for over 30 years. Igor Judge was a
judge for 25 years and retired as Lord Chief Justice of England and Wales in 2013.
Oct 2014 | 9781849465564 | 240pp | Hbk | RSP: £25
Discount Price: £20
Entick v Carrington
250 Years of the Rule of Law
Edited by Adam Tomkins and Paul Scott
Entick v Carrington is one of the canons of English public
law and in 2015 it is 250 years old. In this collection,
leading public lawyers reflect on the history of the case,
the enduring importance of the legal principles for
which it stands, and the broader implications of Entick v
Carrington 250 years on.
Adam Tomkins is the John Millar Professor of Public
Law at the University of Glasgow. Paul Scott is a Lecturer
in Public Law at the University of Southampton.
Sept 2015 | 9781849465588 | 288pp | Hbk | RSP: £55
Discount Price: £44
Law in Theory and History
New Essays on a Neglected Dialogue
Edited by Maksymilian Del Mar
and Michael Lobban
This collection of original essays brings together
leading legal historians and theorists to explore the oftneglected but important relationship between these two
discplines. Legal historians have often been sceptical
of theory. The methodology which informs their own
work is often said to be an empirical one, of gathering
information from the archives and presenting it in a
narrative form. The narrative produced by history is
often said to be provisional, insofar as further research in the archives might falsify
present understandings and demand revisions. On the other side, legal theorists
are often dismissive of historical works. History itself seems to many theorists not
to offer any jurisprudential insights of use for their projects: at best, history is a
repository of data and examples, which may be drawn on by the theorist for her
own purposes. The aim of this collection is to invite participants from both sides to
ask what lessons legal history can bring to legal theory, and what legal theory can
bring to history. What is the theorist to do with the empirical data generated by
archival research? What theories should drive the historical enterprise, and what
wider lessons can be learned from it? This collection brings together a number of
major theorists and legal historians to debate these ideas.
Makysmilian Del Mar is Reader in Legal Theory at Queen Mary University
London. Michael Lobban is Professor of Legal History at the London School of
Economics and Political Science.
Nov 2016 | 9781849467995 | 368pp | Hbk | RSP: £80
Discount Price: £64
The Law Emprynted and Englysshed
The Printing Press as an Agent of Change
in Law and Legal Culture 1475-1642
David J Harvey
What impact did the printing press – a new means of
communicating the written word – have on early modern
English lawyers? This book examines the way in which
law printing developed in the period from 1475 up until
1642 and the start of the English Civil War. It offers a
new perspective on the purposes and structures of the
regulation of the printing press and considers how and
why lawyers used the new technology. It examines the
way in which lawyers adapted to the use of printed works and the way in which
the new technology increased the availability of texts and books for lawyers and
the administrative community. It also considers the wider humanist context within
which law printing developed.
David J Harvey is a District Court Judge sitting in Auckland, New Zealand.
Feb 2015 | 9781849466684 | 326pp | Hbk | RSP: £70
Discount Price: £56
The Safest Shield
Lectures, Speeches and Essays
Lord Judge
This selection of lectures, essays and speeches by Lord
Judge, nearly all written when he was Lord Chief Justice
of England and Wales, brings together his analysis of a
wide range of topics which underpin the administration
of justice and the rule of law. Apart from a few personal
reflections, the discussion ranges from the development
of our constitutional arrangements to matters of
continuing constitutional uncertainty, with observations
about different aspects of the court process and the
discharge of judicial responsibilities. Based on Lord Judge's experience in the law and
a deep interest in history, this selection offers sometimes uncomfortable, sometimes
amusing, but always stimulating reading, and will provoke thoughtful reflection on
and better understanding of the arrangements by which we are governed and the
practical application of the rule of law.
Lord Judge was first appointed a Judge of the High Court in 1988 and was Lord
Chief Justice and Head of the Judiciary of England and Wales from 2008 until 2013.
Nov 2015 | 9781509901890 | 384pp | Hbk | RSP: £22.50
Discount Price: £18
Re-Interpreting
Blackstone's Commentaries
A Seminal Text in National
and International Contexts
Edited by Wilfrid Prest
This collection explores the remarkable impact
and continuing influence of William Blackstone’s
Commentaries on the Laws of England, from the work’s
original publication in the 1760s down to the present.
Contributions by cultural and literary scholars, and
intellectual and legal historians trace the manner in
which this truly seminal text has established its authority well beyond the author’s
native shores or his own limited lifespan.
This volume is a sequel to the well-received collection Blackstone and his
Commentaries: Biography, Law, History (Hart Publishing, 2009, see overleaf).
Wilfrid Prest is Professor Emeritus in Law and History at the University of Adelaide.
Aug 2014 | 9781849465380 | 221pp | Hbk | RSP: £50
Discount Price: £40
Blackstone and his Commentaries
Biography, Law, History
Edited by Wilfrid Prest
LANDMARK CASES SERIES
Series Editor: Paul Mitchell
The books in this series seek to highlight the historical antecedents of what
are widely considered to be the leading cases in the common law. These
edited volumes feature original archival research by eminent scholars in
the field, and are intended to provide a context, or contexts, in which to
better understand how and why certain cases came to be regarded as the
'Landmark' cases in any given field.
Published in the series Landmark Cases in
- Family Law
- Land Law
- Medical Law
- Property Law
- The Law of Contract
- The Law of Restitution
- The Law of Tort
For more info visit www.hartpub.co.uk
Fifty Years of the Law Commissions
The Dynamics of Law Reform
Edited by Matthew Dyson,
James Lee and Shona Wilson Stark
This book brings together past and present law
commissioners, judges, practitioners, academics and
law reformers to analyse the past, present and future
of the Law Commissions in the United Kingdom and
beyond. Its internationally recognised authors bring
a wealth of experience and insight into how and why
law reform does and should take place, covering
statutory and non-statutory reform from national and
international perspectives. The chapters of the book developed from papers given
at a conference to mark the fiftieth anniversary of the Law Commissions Act 1965.
Matthew Dyson is a Fellow in Law at Trinity College, Cambridge. James Lee is
Senior Lecturer in Private Law at the Dickson Poon School of Law, King’s College
London and an Associate Academic Fellow of the Honourable Society of the Inner
Temple. Shona Wilson Stark is Fellow and College Lecturer in Law at Christ's
College, Cambridge, and an Affiliated Lecturer at the Faculty of Law, University
of Cambridge.
Nov 2016 | 9781849468572 | 448pp | Hbk | RSP: £95
Discount Price: £76
The House of Lords 1911-2011
A Century of Non-Reform
Chris Ballinger
House of Lords reform is often characterised as
unfinished business: a riddle that has been left
unanswered since 1911. But rarely can an unanswered
riddle have had so many answers offered, even though
few have been accepted; indeed, when Viscount
Cave was invited in the mid-1920s to lead a Cabinet
committee on Lords reform, he complained of
finding 'the ground covered by an embarrassing
mass of proposals'.That embarrassing mass increased
throughout the twentieth century. Much ink has been spilled on what should be
done with the upper House of Parliament; much less ink has been expended on
why reform has been so difficult to achieve.
This book analyses in detail the principal attempts to reform the House of Lords.
Starting with the Parliament Act of 1911 the book examines the century of nonreform that followed, drawing upon substantial archival sources, many of which
have been under-utilised until now. These sources challenge many of the existing
understandings of the history of House of Lords reform and the reasons for success
or failure of reform attempts. The book begins by arguing against the popular idea
that the 1911 Act was intended by its supporters to be a temporary measure.
Chris Ballinger is Academic Dean and Official Fellow of Exeter College, Oxford.
Aug 2014 | 9781849466608 | 264pp | Pbk | RSP: £20
Discount Price: £16
Among the most celebrated works in the AngloAmerican legal tradition, William Blackstone's
Commentaries on the Laws of England (1765-9) is
currently attracting renewed scholarly interest. Whilst
the Commentaries no longer dominate legal education,
they continue to be regularly cited in superior courts
throughout the common law world, besides providing
a remarkably comprehensive account of public and
private law in England on the cusp of the Industrial
Revolution.
The life and character of Blackstone himself, the nature and sources of his
jurisprudence and the impact of his great book are the main themes of the
collection. Individual essays treat Blackstone's early architectural treatises and their
relationship to the Commentaries; his idiosyncratic bibliophilia; his views of the
role of judges, interpretation of statutes, the law of marriage, natural law, property
law and the legalities of colonisation. Together with the dissemination and the
reception of the Commentaries, Blackstone's bibliography and iconography also
receive attention. Combining the work of both eminent and emerging scholars,
this interdisciplinary venture sheds welcome new light on a legal classic and its
continued influence.
Wilfrid Prest is Professor Emeritus in Law and History at the University of
Adelaide.
Jul 2014 | 9781849466424 | 280pp | Pbk | RSP: £21.99
Discount Price: £17.59
The Causes of War
Volume II: 1000 CE to 1400 CE
Alexander Gillespie
This is the second volume of a projected five-volume
series charting the causes of war from 3000 BCE to the
present day, written by a leading international lawyer,
and using as its principal materials the documentary
history of international law, largely in the form of
treaties and the negotiations which led up to them.
These volumes seek to show why millions of people,
over thousands of years, slew each other. In departing
from the various theories put forward by historians,
anthropologists and psychologists, Gillespie offers a different taxonomy of the
causes of war, focusing on the broader settings of politics, religion, migrations
and empire-building. These four contexts were dominant and often overlapping
justifications during the first four thousand years of human civilisation, for which
written records exist.
Alexander Gillespie is Professor of Law at the University of Waikato, New Zealand.
Dec 2016 | 9781849466455 | 280pp | Hbk | RSP: £50
Discount Price: £40
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