This volume covers the years 1483-1558, a period of immense social,
political, and intellectual changes, which profoundly affected the law
and its workings. It first considers constitutional developments, and
addresses the question of whether there was a rule of law under king
Henry VIII. In a period of supposed despotism, and enhanced
parliamentary power, protection of liberty was increasing and habeas
corpus was emerging. The volume considers the extent to which the law
was affected by the intellectual changes of the Renaissance, and how
far the English experience differed from that of the Continent. It
includes a study of the myriad jurisdictions in Tudor England and
their workings; and examines important procedural changes in the
central courts, which represent a revolution in the way that cases
were presented and decided. The legal profession, its education, its
functions, and its literature are examined, and the impact of printing
upon legal learning and the role of case-law in comparison with
law-school doctrine are addressed. The volume then considers the law
itself. Criminal law was becoming more focused during this period as a
result of doctrinal exposition in the inns of court and occasional
reports of trials. After major conflicts with the Church, major
adjustments were made to the benefit of clergy, and the privilege of
sanctuary was all but abolished. The volume examines the law of
persons in detail, addressing the impact of the abolition of monastic
status, the virtual disappearance of villeinage, developments in the
law of corporations, and some remarkable statements about the equality
of women. The history of private law during this period is dominated
by real property and particularly the Statutes of Uses and Wills
(designed to protect the king's feudal income against the consequences
of trusts) which are given a new interpretation. Leaseholders and
copyholders came to be treated as full landowners with rights
assimilated to those of freeholders. The land law of the time was
highly sophisticated, and becoming more so, but it was only during
this period that the beginnings of a law of chattels became
discernible. There were also significant changes in the law of
contract and tort, not least in the development of a satisfactory
remedy for recovering debts.
Les mer
1483-1558
Produktdetaljer
ISBN
9780191018572
Publisert
2020
Utgiver
Vendor
OUP Oxford
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter