HISTORICAL INTRODUCTION TO ANGIL-AMERICAN LAW IN A NUTSHELLPDF电子书下载

PART Ⅰ.THE BACKGROUND OF THE COMMON LAW 1

Ⅰ.WHAT LEGAL HISTORY IS ABOUT 1

What is Meant by Legal History 3

The Pre-Norman Scene 6

Changes Effected by the Normans 8

Anglo-Saxon and Early Norman Law 11

Preliminary Definitions 12

Ⅱ.THE COURTS 22

Ancient Courts 23

Beginnings of the Royal Courts 27

Reforms of Henry Ⅱ and Origins of Central Courts 30

Modern English Courts 43

American Colonial Courts 44

Ⅲ.THE JURY 48

Origins of the Jury 50

Present status of the jury 60

Ⅳ.THE BENCH AND BAR 62

Functions of Lawyers 63

Modern Legal Education 63

Ⅳ.THE BENCH AND BAR-Cont’dOrigins of the Bar 65

American Lawyers 69

The Bench 70

PART ⅡSOURCES OF LAW 76

Ⅴ.CUSTOM AND CASES 76

Custom and Law 76

Cases as a Source of Law 79

Ⅵ.LEGISLATION AND CODIFICA-TION 89

Origins of Legislation 90

Codification 93

Interpretation of Statutes 98

Ⅶ.DOCTRINAL WRITINGS 101

From Glanvill to Littleton 102

From Littleton to Kent and Story 104

From Kent and Story to the Present Day 107

PART ⅢTHE COMMON LAW IN ACTION 110

Ⅷ.REAL PROPERTY 110

The Norman Background 113

Inheritance of Land 120

Who has Seisin-Service and Demesne 123

The Uses of a Fee 130

Dower and Curtesy 141

Ⅷ.REAL PROPERTY-Cont’d 145

The Leasehold Estate 145

Wills of Land 150

Uses and Wills 155

The Statute of Uses and the Statute of Enrollments 157

Modern Trusts 160

Ⅸ.TORTS 163

The Ancient Law 165

Theories of Liability Under the Writs of Trespass 168

Negligence 171

Modern Negligence Theory 177

Conclusion 179

Ⅹ.CONTRACTS 189

Early Forms in the Nature of Contract 190

Trespass on the Case on an Assumpsit 197

Contracts Implied in Fact and Quasi Contracts 207

The Doctrine of Consideration 209

Economic Forces 214

PART Ⅳ.THE COMMON LAW CODIFIED 217

Ⅺ.THE LAW AND COMMERCE-AC-TION AND REACTION 217

Early Mercantile Law 218

The Development of Trade 221

Ⅻ.NEGOTIABLE INSTRUMENTS 223

Types of Negotiable Instruments 223

The Bill of Exchange， or Draft 225

Promissory Notes 232

Subsequent Common-Law Develop-ments 234

The Codification Movement 236

ⅩⅢ.BUSINESS ORGANIZATIONS 240

Early Entity Concepts 241

Joint Stock Companies 246

Limited Liability 248

American Corporations 252

Corporate Status as a Privilege 255

Partnerships 257

Index 263