盎格鲁-美利坚法律史 英文版PDF电子书下载

PART Ⅰ. THE BACKGROUND OF THE COMMON LAW 1

Chapter Ⅰ. What Legal History is About 1

PREFACE 3

What is Meant by Legal History 3

The Pre-Norman Scene 6

Changes Effected by the Normans 9

Anglo-Saxon and Early Norman Law 11

The Common Law and the Civil Law 13

Preliminary Definitions 13

Statutes in Common-Law Jurisdictions 15

Constitutionality 16

TABLE OF CASES 17

Civil Law Distinguished From Criminal Law 17

Common Law and Equity 18

Definition of a Court 20

Trial and Appellate Courts 20

Chapter Ⅱ. The Courts 22

Hundred and Shire Courts 23

Ancient Courts 23

Seignorial Courts 25

Borough Courts 27

Beginnings of the Royal Courts 28

Reforms of Henry Ⅱand Origins of Central Courts 30

The Court of Common Pleas 33

The Court of King s Bench 34

Exchequer of Pleas 35

The Court of Chancery--Equity 37

Star Chamber 40

Church Courts 42

The High Court of Parliament 42

Conclusion 43

Modern English Courts 44

American Colonial Courts 44

Chapter Ⅲ. The Jury, and Other Means of Finding Facts 48

Wager of Law 49

Trial by Battle 51

The Jury 52

Origins of the Jury 54

Norman Use of the Inquest 55

The Possessory Assizes 56

The Petit Jury and the Ordeals 58

Attaint of Jurors and Contempt 64

Role of Magna Carta 65

Extension of the Jury System to Civil Cases 66

The Jury in Nineteenth Century United States 68

Present Status of the Jury in the United States 71

Conclusion 72

Chapter Ⅳ. The Bench and Bar 74

Functions of Lawyers 75

Lawyers Fees 76

Origins of the Bar 78

The Inns of Court 80

American Lawyers 85

The Bench 88

Earliest Judges 89

Independence of the Judiciary 91

Chapter Ⅴ. Custom and Cases 95

Custom and Law 95

PART Ⅱ. SOURCES OF LAW 95

Cases as a Source of Law 98

The Year Books 99

Private Reporters 100

The Doctrines of Precedent and Stare Decisis 102

Chapter Ⅵ. Legislation and Codification 108

Origins of Legislation 109

The Addition of the House of Commons 110

Early Codes 112

Codification 112

Uniform Acts 114

Interpretation of Statutes 116

Chapter Ⅶ. Doctrinal Writings 120

From Glanvill to Littleton 121

From Littleton to Kent and Story 123

From Kent and Story to the Present Day 125

PART Ⅲ. THE COMMON LAW IN ACTION 129

Chapte Ⅷ. Real Property 129

The Anglo-Saxon Background 129

The Norman Background 132

Inheritance of Land 140

Who Has Seisin-Service and Demesne 142

Alienation of land 143

The Uses of a Fee 149

The Life Estate 150

Reversions and Remainders 151

The Estate in Fee Tail 154

Conclusion 160

Dower and Curtesy 160

The Leasehold Estate 163

The Writ of Ejectment 167

Wills of Land 168

Roman Law 169

Anglo-Saxon Succession and Wills 170

Norman Wills 171

Uses and Wills 173

The Statute of Uses and the Statute of Enrollments 175

Modern Trusts and Wills 177

Modern Wills 178

Chapter Ⅸ. Torts 180

The Ancient Law 182

The Writ of Trespass 183

The Ancient Law-Cont d 184

The Nominate Trespass Actions 184

The Innominate Trespass Actions 185

Theories of Liability Under The Writs of Trespass 186

Negligence 192

Modern Negligence Theory 196

Conclusion 198

Automobile Accidents and Fault Liability 205

A Note on No-fault Insurance 206

Chapter Ⅹ. Contracts 210

Early Forms in the Nature of Contract 211

Church Courts and Promises 211

Pledges 212

Common Law Actions in the Nature of Contract 213

Fate of These Actions 222

Trespass on the Case on an Assumpsit 223

Sales of Goods 227

Warranties 228

Trespass on the Case on a Deceit 230

Mutual Executory Promises 236

Slade s Case 238

Consequences of Slade s Case 240

Contracts Implied in Fact and Quasi Contracts 242

The Doctrine of Consideration 243

Economic Forces 251

PART Ⅳ. THE COMMON LAW CODIFIED 255

Chapter Ⅺ. The Law and Commerce--Action and Reaction 255

Early Mercantile Law 256

The Development of Trade 259

Chapter Ⅻ. Negotiable Instruments 261

Types of Negotiable Instruments 261

The Bill of Exchange, or Draft 263

Early Enforcement 263

In Common-Law Courts 266

Introduction of Law Merchant to the Common Law 267

Assignments At Common Law 268

Promissory Notes 269

Importance of the Goldsmiths Activities 270

Subsequent Common Law Developments 272

The Statute of Anne 272

The Codification Movement 273

Chapte ⅩⅢ. Business Organizations 278

Early Entity Concepts 279

The Roman Concept 279

Churches and Universities 280

Boroughs and Towns 281

Guilds 282

Joint Stock companies 284

Commenda and Societas 284

Limited Liability 286

American Corporations 289

Corporate Status as a Privilege 293

Partnerships 295

Entity and Aggredate Theories 296

The Uniform Partnership Act 297

Limited Partnerships 300

INDEX 303