Category Archives: Legal History

Simon Stern, ‘Proximate Causation In Legal Historiography’

ABSTRACT The variety of legal history published in general-interest law journals tends to differ from the variety published in history journals. This study compares the two varieties by examining footnote references in five general-interest law journals and footnote references in two journals of legal history. In the law journals, cases and statutes accounted for the […]

Nick Mayhew, ‘Government, Money, and the Law’

EXTRACT Christine Desan’s Making Money: Coin, Currency, and the Coming of Capitalism provides an authoritative answer to a fundamental question about medieval English money that has puzzled a few scholars, but that has been largely ignored by most: were medieval payments normally weighed or counted? The same question can be expressed differently as: were payments […]

‘Book: Bruce W Frier, A Casebook on the Roman Law of Contracts (Oxford: OUP, 2021). ISBN 9780197573211, $US 99.00′

OUP is publishing a new casebook on the Roman law of contracts. About the book: Roman contract law has profoundly influenced subsequent legal systems throughout the world, but is inarguably an important subject in its own right. This casebook introduces students to the rich body of Roman law concerning contracts between private individuals. In order […]

Jan Halberda, ‘Parallels between Roman Civil Law and English Common Law (Litigation, Obligations)’

ABSTRACT The paper starts with the presentation of factors that probably stand behind the analogies between Roman Civil Law and English Common Law . These factors concern the framework of sources of law – the dominance of case-law, the dogma of unalterable good-old law . Then the text presents the phenomenon of domination of procedural […]

Charlotte Tschider, ‘Meaningful Choice: A History of Consent and Alternatives to the Consent Myth’

ABSTRACT Although the first legal conceptions of commercial privacy were identified in Samuel Warren and Louis Brandeis’s foundational 1890 article, ‘The Right to Privacy’, conceptually, privacy has existed since as early as 1127 as a natural concern when navigating between personal and commercial spheres of life. As an extension of contract and tort law, two […]

Charles O’Kelley, ‘What was the Dartmouth College Case Really About?’

ABSTRACT We learn in law school that before the American Revolution, Dartmouth College came into existence via a royal charter granted in the year 1769 by King George. Subsequently, a falling out occurred between the President of the College, John Wheelock, and the Board of Trustees. To resolve the dispute, the New Hampshire legislature asserted […]

Chang, Garoupa and Wells, ‘Drawing the Legal Family Tree: An Empirical Comparative Study of 170 Dimensions of Property Law in 129 Jurisdictions’

ABSTRACT Traditional comparative private law scholars have a firm grasp of laws in several countries, but rarely of those in more than one hundred countries. Quantitative comparative private law scholars have placed dozens of countries into a legal family genealogy, but not based on a systematic understanding of legal substance around the world. Using a […]

Sonali Walpola, ‘After the Australia Acts: the High Court’s attitude to changing the common law (1987-2016)’

ABSTRACT The end of Privy Council appeals in 1986 was a transformative event in Australia’s common law history. This article examines the High Court of Australia’s attitude to changing common law doctrines in the period 1987-2016, covering the Mason, Brennan, Gleeson and French Courts. Throughout this period, it is shown that the Court has consistently […]

‘Call For Papers: Ius Commune Workshop on Comparative Legal History 2021: Ius Commune in the Making: Great Debates in the History of Law – Maastricht University, 25-26 November 2021 (deadline 15 July 2021)’

The 26th Ius Commune Conference will take place in Maastricht (25-26 November 2021), and a Workshop will be devoted to ‘Great Debates’ in the history of law. The workshops on ‘Comparative Legal History – Ius Commune in the Making’ aim to reveal and understand the nature and effects of various legal formants in the development […]

‘Illegal Sex Toy Patents’

Sarah R Wasserman Rajec and Andrew Gilden, ‘Patenting Pleasure’ (February 25, 2021), available at SSRN. In ‘Patenting Pleasure’, Professors Sarah Rajec and Andrew Gilden highlight a surprising incongruity: while many areas of US law are profoundly hostile to sexuality in general and the technology of sex in particular, the patent system is not. Instead, the […]