The Oxford History of the Laws of England, Volumes XI, XII, and XIII

1820-1914

3 Volumes

William Cornish, J Stuart Anderson, Ray Cocks, Michael Lobban, Patrick Polden, and Keith Smith

Oxford History of the Laws of England

The Oxford History of the Laws of England series continues with three volumes that deal with the Legal System, Public Law and Private Law from the Coronation (solo) of George IV to the outbreak of war against the Kaisers
The industrialisation of England in the period brings a massive demand for legal change
The volumes will be indispensable for Law and History Libraries
The Series provides not only a history of law, but a history of the impact of law on English society
The History of English Law contributes fundamentally to the development of US and Commonwealth Law

The Oxford History of the Laws of England, Volumes XI, XII, and XIII

1820-1914

3 Volumes

William Cornish, J Stuart Anderson, Ray Cocks, Michael Lobban, Patrick Polden, and Keith Smith

Oxford History of the Laws of England

Description

A landmark series, The Oxford History of the Laws of England is the first full-length history of the English law that takes unpublished sources into account. The thirteen volumes provide not merely a history of law, but also a history of the impact of law on English society. Given its unprecedented scope and coverage, this series will be an indispensable resource for law and history libraries.

The Oxford History of the Laws of England, Volumes XI, XII, and XIII

1820-1914

3 Volumes

William Cornish, J Stuart Anderson, Ray Cocks, Michael Lobban, Patrick Polden, and Keith Smith

Oxford History of the Laws of England

VOLUME XI
PART ONE ENGLISH LAW IN AN INDUSTRIALISING SOCIETY, - William Cornish, Michael Lobban, Keith Smith
I: Introduction
II: Government and People
III: Sources of Law
IV: Theories of Law and Government
V: Law and Religion
VI: Political Economy and Law
VII: Empire's Law
VIII: International Law
IX: Private International Law
PART TWO PUBLIC LAW, -Stuart Anderson
I: Parliament
II: Central Executive: The Legal Structure of State Institutions
III: The Church and the State
IV: The Army
V: Local Government
VI: Judicial Review
PART THREE THE COURTS OF LAW, - Patrick Polden
I: General Introduction
II: The Judicial Roles of the House of Lords and Privy Council 1820-1914
III: The Superior Courts of Common Law
IV: The Court of Chancery 1820-1875
V: The Civilian Courts and the Probate, Divorce, and Division
VI: The Judicature Acts
VII: The Government and the Organization of the Supreme Court of Judicature
VIII: The Courts of Appeal
IX: The King's/Queen's Bench Division
X: The Chancery Division
XI: Local Courts
XII: The County Courts
XIV: Coroners and their Courts
PART FOUR THE LEGAL PROFESSIONS, - Patrick Polden
I: The Judiciary
II: Barristers
III: The Institutions and Governance of the Bar
IV: Solicitors
V: The Educaton of Lawyers
VOLUME XII PRIVATE LAW
PART ONE PROPERTY, - Stuart Anderson
I: Succession, Inheritance, and the Family
II: Property Rights in Land: Reforming the Heritage
III: Land Transactions: Settlement and Sales
IV: Leases, Morgages, and Servitudes
V: Changing the Nature of Real Property Law
VI: Trusts and Trustees
PART TWO CONTRACT, - Michael Lobban
I: Introduction
II: The Formation of Contracts: Offer and Acceptance
III: Consideration
IV: Misrepresentation
V: Mistake
VI: Contractual Terms and their Performance
VII: Contractual Remedies
VIII: Restitutionary Remedies
PART THREE COMMERCIAL LAW, - Michael Lobban
I: Joint Stock Companies
II: The Law or Insurance
III: Negotiable Instruments
IV: Bankruptcy and Insolvency
V: Consumar Credit and Debt
PART FOUR TORT, - Michael Lobban
I: The Development of Tort Law
II: Negligence
III: Personal Injuries
IV: Workplace Injuries
V: Intentional and Economic Torts
VI: Nuisance
VII: Property Torts
VOLUME XIII
PART ONE CRIMINAL LAW, - Keith Smith
I: General Introduction and Overview
II: The Establishment of English Policing in the Nineteenth Century
III: The Trial: Adversarial Characteristics and Responsibilities
IV: Sentencing and Review
V: Punishment: Death and Transfiguration
VI: The Sources and Form of the Criminal Law
VII: General Principles of Criminal Law
VIII: Strict and Vicarious Liability: Regulatory Offences
IX: Securing the State
X: Public Morality and Social Control
XI: Protecting Property from Dishonesty and Harm
XII: Offences Against the Person
PART TWO STATUTES, SOCIAL REFORM, AND CONTROL, - Raymond Cocks
I: Introduction: 'Legislation the Only Remedy'
II: The Poor Law
III: Charity and Education
IV: Health for the Public
V: Safety in Factories, Shops, and Ships
VI: Building Houses, and Planning Communities
VII: Conclusion
PART THREE LABOUR LAW, - William Cornish
I: From Labouring to Employment: 1820-1867
II: The Roots of Collective Action
III: Law and Organised Labour: 1867-1914
PART FOUR LAW OF PERSONS: FAMILY AND OTHER RELATIONSHIPS, - William Cornish
I: Family Law, Family Authority
II: Marriage
III: Wives: The Quest for Civil Independence
IV: Marital Breakdown: Separation and the Coming of Judicial Divorce
V: Children
VI: Insanity and Mental Deficiency
VII: Foreign Elements in Family Disputes
PART FIVE PERSONALITY RIGHTS AND INTELLECTUAL PROPERTY, - William Cornish
I: Personal Reputation, Privacy and Intellectual Creativity
II: Copyright
III: Patents for Inventions
IV: Industial Property: Designs for Products
V: Trade Secrets and Other Confidences
VI: Industrial Property: Trade Marks and Unfair Competition
Index

The Oxford History of the Laws of England, Volumes XI, XII, and XIII

1820-1914

3 Volumes

William Cornish, J Stuart Anderson, Ray Cocks, Michael Lobban, Patrick Polden, and Keith Smith

Oxford History of the Laws of England

Author Information

William Cornish, Herchel Smith Professor of Intellectual Property Law, University of Cambridge, J Stuart Anderson, Professor in the Faculty of Law at the University of Otago, Ray Cocks, Professor of law at the University of Keele, Michael Lobban, Professor of Legal History at Queen Mary, University of London, Patrick Polden, Professor of Law at Brunel University, and Keith Smith, Professor of Law at Cardiff Law School

William Cornish, FBA, QC (Hon) is the author of Law and Society in England, 1750-1950 (1989). He was Professor of English Law at the LSE and then Professor of Law at Cambridge. At both he taught Modern Legal History and Intellectual Property. His interest in law of the Victorian age grew from a desire to make his students more alive to the historical background of their studies. He has been the coordinator of the present Volumes. Work on them has largely absorbed his energies since retirement. of Intellectual Property Law, University of Cambridge.

Stuart Anderson began his career as a Lecturer in law at LSE, before moving to a lecturership (CUF) at Oxford and a fellowship at Hertford College. He is now a Professor of law at the University of Otago, New Zealand. He is the author of Lawyers and the Making of English Land Law 1832-1940. He is a member of the Reference Group supporting the Recovering New Zealand's Lost Cases project conducted by staff at the Victoria University of Wellington. University of Otago.

Before becoming a Professor at Keele University Raymond Cocks taught at the Universities of Sussex and Kingston. He has had a long-term interest in modern legal history and has published on a range of topics including the legal professions, the Ashdown Forest Case, the thought of Sir Henry Maine, the role of Parliamentary Counsel and British law in India.

Michael Lobban is Professor of Legal History at Queen Mary, University of London. He is the author of The Common Law and English Jurisprudence 1760-1850 (1991) and of A History of the Philosophy of Law in the Common Law World (2007). A historian by training, he has written widely on the history of English legal thought and legal practice. He is particularly interested in exploring how the development of law is shaped by the contexts in which legal problems present themselves, and by the way lawyers in different generations make sense of these problems. Queen Mary, University of London

Patrick Polden studied history at Reading University and wrote his doctoral thesis on the Addington Administration. After a spell as a solicitor he returned to academic life at Brunel University, where he is a Professor in the Law School. His writings include books on the Thellusson will case, the County Courts and the Lord Chancellor's Department and articles on various aspects of modern British legal history including wills, property and trusts; judges and lawyers; civil justice and the courts. University

Keith Smith is the author of works on both modern and historical aspects of criminal law, and on Victorian intellectual history. His books include, Lawyers, Legislators and Theorists (Oxford, 1998) and James Fitzjames Stephen: Portrait of a Victorian Rationalist (Cambridge, 1988). He is currently Professor of Law at Cardiff University Law School, where he has taught criminal law and legal history

The Oxford History of the Laws of England, Volumes XI, XII, and XIII

1820-1914

3 Volumes

William Cornish, J Stuart Anderson, Ray Cocks, Michael Lobban, Patrick Polden, and Keith Smith

Oxford History of the Laws of England

Reviews and Awards

"Every section prompts more thought... A model of how legal history should be written." - Stephen Sedley, The London Review of Books

"I believe that anyone who has the slightest interest in the development of this country, and its institutions, and who seeks an understanding of how we come to be where we are now, will find endless fascination in these many pages." - Lord Chief Justice, The Right Honourable Lord Judge

"This outstanding and elegant work deserves the widest possible readership. It is essential for those who are passionate about our legal heritage; for the merely curious it will provide the passion." - David Perry QC, 6 King's Bench Walk

"...these three volumes provide a detailed survey of English law, its institutions and the historical forces which impinged on them...If you are seeking a special insight and degree of authority, conferred by depth of understanding and breadth of knowledge of the devlopment and evolution of law, I can scarcely think of a more vital and valuable addition to your law library" - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

"On Volume XI ...the authors in their manifest state that this volume is aimed primarily at legal historians. Undoubtedly this audience has much to gain from the volume as providing a rarely available, holistic treatment of legal institutions in the early nineteenth and twentieth centuries. Yet so, too, could both scholars of the modern law and historians usefully engage in a perusal of its contents." - Charlotte Smith, University of Reading, The Edinburgh Law Review Vol 15

"On Volume XII ...an excellent volume. Even those who are familiar with the progress of private law in the nineteenth and early twentieth century will learn a great deal from its pages." - Warren Swain, University of Durham, Edinburgh Law Review

"On Volume XIII This volume should become a key point of reference for historians whose accounts of the period have not found much room to accommodate legal processes and developments. The clarity of the writing throughout and the detailed index make the information readily accessible." - Phil Handler, University of Manchester, The Edinburgh Law Review Vol 15

"It is a model of how legal history should be written" - Stephen Sedley, London Review of Books