Category Archives: Legal History

Fernandez and Dubber, ‘Introduction: Putting the Legal Treatise in its Place’

Introduction … The hypothesis here is that, provided one does not treat them as statements of lex lata (the law as it is) no matter what their authors might claim, but as a more or less stable mixture of elements of lex lata and lex ferenda (the law as it should be), treatises can provide […]

‘Parise on ownership in American Civil Law jurisdictions’

“Agustín Parise, Maastricht University, has published Ownership Paradigms in American Civil Law Jurisdictions: Manifestations of the Shifts in the Legislation of Louisiana, Chile, and Argentina (16th-20th centuries) with Brill. From the publisher: ‘In Ownership Paradigms in American Civil Law Jurisdictions, Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in […]

DP Waddilove, ‘Why the Equity of Redemption?’

Abstract The ‘equity of redemption’ is an equitable doctrine undergirding the law of secured lending in the common-law world. It holds that despite any legal forms to the contrary, a borrower remains the true owner of pledged/mortgaged property, with a right to redeem such property upon payment of principal, interests, and costs at any time […]

John Goldberg, ‘Benjamin Cardozo and the Death of the Common Law’

Abstract Although a member of the Supreme Court at the time, Benjamin Cardozo did not participate in Erie Railroad Co v Tompkins. He was dying. It is a mere fortuity that Cardozo’s death coincided with the death of the general common law. Yet it has since proved to be something more – or so this […]

Lilian Edwards, ‘Privacy and Data Protection 1: What is Privacy? Human Right, National Law, Global Problem’

Abstract The first of three chapters which offer a comprehensive history and account of data protection as recodified in the General Data Protection Regulation and the forthcomng ePrivacy Regulation. Edwards, Lilian, Privacy and Data Protection 1: What is Privacy? Human Right, National Law, Global Problem (May 18, 2018). Lilian Edwards ed Law, Policy and the […]

‘CALL FOR PAPERS: Ius Commune Workshop on Comparative Legal History 2018: Ius Commune in the Making: Changing Methods and the Dynamics of Law in the History of Private Law (Amsterdam, 29-30 NOV 2018); DEADLINE 15 JUL 2018’

“… The current Workshop aims now to explore how actors in the past and researchers in the present deal with common law in the making. The Workshop will therefore look at the shifts in methodologies and in the dynamics of law. This strongly looks like a highly fruitful domain of research. History by its nature […]

Jessica Litman, ‘What We Don’t See When We See Copyright as Property’

Abstract It is becoming increasingly clear that the supposed copyright wars that copyright scholars believed we were fighting – nominally pitting the interests of authors and creators against the interests of readers and other members of the audience – were never really about that at all. Instead the real conflict has been between the publishers, […]

Samuel Martin, ‘The Evolution of Good Faith in Western Contract Law’

Abstract The concept of good faith as it pertains to Western contract law has existed since the Roman Republic. As a preeminent roman legal scholar, Cicero wrote: ‘Ut inter benos bene agier oportet et sine fraudatione’ – one must act well, as among good men without fraudulence. The Roman law recognized the concept of bona […]

William Boyd, ‘Just Price, Public Utility, and the Long History of Economic Regulation in America’

Abstract This Essay investigates the history of ‘just price’ and its influence on the concept and practice of public utility regulation in the United States. It begins with a discussion of the Scholastic understanding of just price and its relationship to commutative justice, with particular attention to the problem of coercion in economic exchange. The […]

Walsh and Fox O’Mahony, ‘Land law, property ideologies and the British-Irish relationship’

Abstract This article examines the role of property ideologies, and the local contexts in which they were articulated and applied, in shaping English and Irish land law. Despite their shared histories and influences – from the transplant of the common law system to Ireland to traditions of training Irish lawyers and judges in English universities […]