18th British Legal History Conference: Judges and Judging

Oxford, 2–5 July 2007


Papers Presented:

The papers reproduced here are drafts and should not be cited without the permission of the author.  The format is .PDF.  If you cannot read that format on your computer, a reader may be downloaded from http://www.adobe.com/products/acrobat/readstep2.htm.

S. Banks, A Most Peculiar View of Provocation: Gentlemen and the Judge, Directions in English Duelling Trials, 1785-1842

Allen D. Boyer, Sir Edward Coke: Royal Servant and Royal Favorite

Paul Brand, Judges and Judging 1176-1307

Martin Burr, The Anglo-Saxon Judiciary

Kevin Costello, The regulation of the writ of certiorari to review summary criminal convictions, 1690-1848

Kelly De Luca, Lord Chancellor Ellesmere and the Law of Nations

Déirdre M. Dwyer, Developments in the Principles of Civil Evidence in Nineteenth Century England

Jeremy Finn, Innovation and Continuity: Statute Law of the Saorstat Eireann / Irish Free State 1922-1948

Adolfo Giuliani, Judicial Discretion in the Late ius commune

Paul Halliday, 11,000 Prisoners: Habeas Corpus, 1500-1800

Phil Handler, Judges and the Criminal Law in England 1808-1861

D. Heirbaut, The Precursors of the Earliest Law Reports on the Continent as Sources about the Spokesmen, the Forgotten Experts of Customary Law

Adam Hofri-Winogradow, ‘Moloch and Belial of the Bar’: Chancellors Thurlow and Loughborough and the late eighteenth century Chancery judiciary

Jula Hughes, Codification As Judicial Empowerment – The Stephen Code

Joanna Innes, The Judge and the Carpenter

James Jaffe, The Limits of Justice and Fairness: Expanding the Scope of Arbitration in Britain and India during the Late Eighteenth and Early Nineteenth Centuries

Susanne Jenks, Judges as Litigants in the 15th century

Michael de L. Landon, The Short-Term Impact of the Glorious Revolution on the English Judicial System

Randall Lesaffer and Erik-Jan Broers, Private Property in the Dutch-Spanish Peace Treaty of Münster (30 January 1648)

Mark Lunney, Federation, Fare Dodging and False Imprisonment – Mr Robertson’s Evening Out

John McLaren, Conflicts of Ideology and Crises of Conscience: The Disciplining of Judges in the 19th Century British Empire

Ulrike Muessig, Superior Courts in Early-Modern France, England and the Holy Roman Empire

Michael Nash, The Removal of Judges under the Act of Settlement (1701)

Ruth Paley, A matter of Judgement: Politics, Law and the Trial of Bishop Thomas Watson

Karen Pearlston, Judging the Judges: Mansfield and Kenyon on Coverture

Susan Priest, Australia’s Early High Court, The Fourth Commonwealth Attorney-General And the ‘Strike of 1905’

Rebecca Probert, Sir William Scott and the Law of Marriage

Jonathan Rose, The Law of Maintenance: The Judicial Development of the Law

David J. Seipp, Formalism and Realism in Fifteenth-Century English Law: Bodies Corporate and Bodies Natural

A.J.B. Sirks, The Supreme Court of Holland and Zeeland judging cases in the early 18th century

Carla Spivack, The Trial of Mary Carleton (1663)

Chantal Stebbings, Bureaucratic Adjudication: the Internal Appeals of the Inland Revenue

Michael Ashley Stein, Victorian Tort Liability for Workplace Injuries

Warren Swain, Lord Mansfield and Lord Denning: Some Pitfalls AND Possibilities Presented by the Great Judge Approach to Legal History and the Law of Contract

Joshua C. Tate, The Third Lateran Council and the Ius Patronatus in England

Joshua C. Tate, The Third Lateran Council and the Ius Patronatus in England (revised)

C.H. van Rhee, Civil Litigation in Twentieth Century Europe

Christopher Waldrep, Judges and Judging in the American South: Challenging the AllWhite Jury System in Mississippi, 19001910

David V Williams, Judges and Judging in Colonial New Zealand: 1846-1912

Ian Williams, Early-Modern Judges and the Practice of Precedent




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