Information transmise par Fr. Audren:William Cornish, J Stuart Anderson, Ray Cocks, Michael Lobban, Patrick Polden, and Keith Smith The Oxford History of the Laws of England
Volumes XI, XII, and XIII
1820-1914

Oxford Univ. Press (The Oxford History of the Laws of England), Feb. 2010, 3 vol., 3840 p., ISBN:978-0-19-925883-3, £450.

Présentation éditeur
The Oxford History of the Laws of England series continues with three volumes that deal with the Legal System, Public Law and Private Law from the Coronation (solo) of George IV to the outbreak of war against the Kaisers
The industrialisation of England in the period brings a massive demand for legal change
The volumes will be indispensable for Law and History Libraries
The Series provides not only a history of law, but a history of the impact of law on English society
The History of English Law contributes fundamentally to the development of US and Commonwealth Law
A landmark series, The Oxford History of the Laws of England is the first full-length history of the English law that takes unpublished sources into account. The thirteen volumes provide not merely a history of law, but also a history of the impact of law on English society. Given its unprecedented scope and coverage, this series will be an indispensable resource for law and history libraries.

Readership: Libraries, scholars, practitioners, historians interested in the period, legal historians.

Sommaire

VOLUME XI

PART ONE. - ENGLISH LAW IN AN INDUSTRIALISING SOCIETY William Cornish, Michael Lobban, Keith Smith I: Introduction
II: Government and People
III: Sources of Law
IV: Theories of Law and Government
V: Law and Religion
VI: Political Economy and Law
VII: Empire's Law
VIII: International Law
IX: Private International Law
PART TWO. - PUBLIC LAW Stuart Anderson:
I: Parliament
II: Central Executive: The Legal Structure of State Institutions
III: The Church and the State
IV: The Army
V: Local Government
VI: Judicial Review
PART THREE. - THE COURTS OF LAW Patrick Polden:
I: General Introduction
II: The Judicial Roles of the House of Lords and Privy Council 1820-1914
III: The Superior Courts of Common Law
IV: The Court of Chancery 1820-1875
V: The Civilian Courts and the Probate, Divorce, and Division
VI: The Judicature Acts
VII: The Government and the Organization of the Supreme Court of Judicature
VIII: The Courts of Appeal
IX: The King's/Queen's Bench Division
X: The Chancery Division
XI: Local Courts
XII: The County Courts
XIV: Coroners and their Courts
PART FOUR. - THE LEGAL PROFESSIONS Patrick Polden:
I: The Judiciary
II: Barristers
III: The Institutions and Governance of the Bar
IV: Solicitors
V: The Educaton of Lawyers VOLUME XII. - PRIVATE LAW

PART ONE. - PROPERTY Stuart Anderson:
I: Succession, Inheritance, and the Family
II: Property Rights in Land: Reforming the Heritage
III: Land Transactions: Settlement and Sales
IV: Leases, Morgages, and Servitudes
V: Changing the Nature of Real Property Law
VI: Trusts and Trustees
PART TWO. - CONTRACT Michael Lobban:
I: Introduction
II: The Formation of Contracts: Offer and Acceptance
III: Consideration
IV: Misrepresentation
V: Mistake
VI: Contractual Terms and their Performance
VII: Contractual Remedies
VIII: Restitutionary Remedies
PART THREE. - COMMERCIAL LAW Michael Lobban:
I: Joint Stock Companies
II: The Law or Insurance
III: Negotiable Instruments
IV: Bankruptcy and Insolvency
V: Consumar Credit and Debt
PART FOUR. - TORTMichael Lobban:
I: The Development of Tort Law
II: Negligence
III: Personal Injuries
IV: Workplace Injuries
V: Intentional and Economic Torts
VI: Nuisance
VII: Property Torts VOLUME XIII

PART ONE. - CRIMINAL LAW Keith Smith:
I: General Introduction and Overview
II: The Establishment of English Policing in the Nineteenth Century
III: The Trial: Adversarial Characteristics and Responsibilities
IV: Sentencing and Review
V: Punishment: Death and Transfiguration
VI: The Sources and Form of the Criminal Law
VII: General Principles of Criminal Law
VIII: Strict and Vicarious Liability: Regulatory Offences
IX: Securing the State
X: Public Morality and Social Control
XI: Protecting Property from Dishonesty and Harm
XII: Offences Against the Person
PART TWO. - STATUTES, SOCIAL REFORM, AND CONTROL Raymond Cocks:
I: Introduction: 'Legislation the Only Remedy'
II: The Poor Law
III: Charity and Education
IV: Health for the Public
V: Safety in Factories, Shops, and Ships
VI: Building Houses, and Planning Communities
VII: Conclusion
PART THREE. - LABOUR LAW William Cornish:
I: From Labouring to Employment: 1820-1867
II: The Roots of Collective Action
III: Law and Organised Labour: 1867-1914
PART FOUR. - LAW OF PERSONS: FAMILY AND OTHER RELATIONSHIPS William Cornish:
I: Family Law, Family Authority
II: Marriage
III: Wives: The Quest for Civil Independence
IV: Marital Breakdown: Separation and the Coming of Judicial Divorce
V: Children
VI: Insanity and Mental Deficiency
VII: Foreign Elements in Family Disputes
PART FIVE. - PERSONALITY RIGHTS AND INTELLECTUAL PROPERTY William Cornish:
I: Personal Reputation, Privacy and Intellectual Creativity
II: Copyright
III: Patents for Inventions
IV: Industial Property: Designs for Products
V: Trade Secrets and Other Confidences
VI: Industrial Property: Trade Marks and Unfair CompetitionIndex Auteurs

• William Cornish, Herchel Smith Professor of Intellectual Property Law, University of Cambridge, J Stuart Anderson, Professor in the Faculty of Law at the University of Otago, Ray Cocks, Professor of law at the University of Keele, Michael Lobban, Professor of Legal History at Queen Mary, University of London, Patrick Polden, Professor of Law at Brunel University, and Keith Smith, Professor of Law at Cardiff Law SchoolWilliam Cornish, FBA, QC (Hon) is the author of Law and Society in England, 1750-1950 (1989). He was Professor of English Law at the LSE and then Professor of Law at Cambridge. At both he taught Modern Legal History and Intellectual Property. His interest in law of the Victorian age grew from a desire to make his students more alive to the historical background of their studies. He has been the coordinator of the present Volumes. Work on them has largely absorbed his energies since retirement. of Intellectual Property Law, University of Cambridge.
• Stuart Anderson began his career as a Lecturer in law at LSE, before moving to a lecturership (CUF) at Oxford and a fellowship at Hertford College. He is now a Professor of law at the University of Otago, New Zealand. He is the author of Lawyers and the Making of English Land Law 1832-1940. He is a member of the Reference Group supporting the Recovering New Zealand's Lost Cases project conducted by staff at the Victoria University of Wellington. University of Otago.
• Before becoming a Professor at Keele University Raymond Cocks taught at the Universities of Sussex and Kingston. He has had a long-term interest in modern legal history and has published on a range of topics including the legal professions, the Ashdown Forest Case, the thought of Sir Henry Maine, the role of Parliamentary Counsel and British law in India.
• Michael Lobban is Professor of Legal History at Queen Mary, University of London. He is the author of The Common Law and English Jurisprudence 1760-1850 (1991) and of A History of the Philosophy of Law in the Common Law World (2007). A historian by training, he has written widely on the history of English legal thought and legal practice. He is particularly interested in exploring how the development of law is shaped by the contexts in which legal problems present themselves, and by the way lawyers in different generations make sense of these problems. Queen Mary, University of London
• Patrick Polden studied history at Reading University and wrote his doctoral thesis on the Addington Administration. After a spell as a solicitor he returned to academic life at Brunel University, where he is a Professor in the Law School. His writings include books on the Thellusson will case, the County Courts and the Lord Chancellor's Department and articles on various aspects of modern British legal history including wills, property and trusts; judges and lawyers; civil justice and the courts. University
• Keith Smith is the author of works on both modern and historical aspects of criminal law, and on Victorian intellectual history. His books include, Lawyers, Legislators and Theorists (Oxford, 1998) and James Fitzjames Stephen: Portrait of a Victorian Rationalist (Cambridge, 1988). He is currently Professor of Law at Cardiff University Law School, where he has taught criminal law and legal history

Recensions:
"I believe that anyone who has the slightest interest in the development of this country, and its institutions, and who seeks an understanding of how we come to be where we are now, will find endless fascination in these many pages." - Lord Chief Justice, The Right Honourable Lord Judge
"This outstanding and elegant work deserves the widest possible readership. It is essential for those who are passionate about our legal heritage; for the merely curious it will provide the passion." - David Perry QC, 6 King's Bench Walk Source: http://ukcatalogue.oup.com/product/9780199258833.do

Information transmise par Fr. Audren:Saskia Lettmaier
Broken Engagements
The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800-1940 Oxford Univ. Press (Oxford Studies in Modern Legal History), Feb. 2010, 240 p., ISBN:978-0-19-956997-7, £60.Présentation éditeur
Traces the remarkable history of the common law action for breach of a promise of marriage and its basis in shifting ideals of femininity
Offers a thorough legal history of the action's rise and fall, analysing over 250 cases brought between 1800 and 1940
Anchors the legal story in its social context through close readings of a variety of cultural sources - short stories, songs, plays, operettas, novels, and filmsThe common law action for breach of promise of marriage originated in the mid-seventeenth century, but it was not until the nineteenth century that it rose to prominence and became a regular feature in law courts and gossip columns. By 1940 the action was defunct, it was inconceivable for a respectable woman to bring such a case before the courts. What accounts for this dramatic rise and fall?
This book ties the story of the action's prominence and decline between 1800 and 1940 to changes in the prevalent conception of woman, her ideal role in society, sexual relations, and the family. It argues that the idiosyncratic breach-of-promise suit and Victorian notions of ideal femininity were inextricably, and fatally, entwined. It presents the nineteenth-century breach-of-promise action as a codification of the Victorian ideal of true womanhood and explores the longer-term implications of this infusion of mythologized femininity for the law, in particular for the position of plaintiffs.
Surveying three consecutive time periods - the early nineteenth century, the high Victorian and the post-Victorian periods - and adopting an interdisciplinary approach that combines the perspectives of legal history, social history, and literary analysis, it argues that the feminizing process, by shaping a cause of action in accordance with an ideal at odds with the very notion of women going to law, imported a fatal structural inconsistency that at first remained obscured, but ultimately vulgarized and undid the cause of action. Alongside more than two hundred and fifty real-life breach-of-promise cases, the book examines literary and cinematic renditions of the breach-of-promise theme, by artists ranging from Charles Dickens to P.G. Wodehouse, to expose the subtle yet unmistakable ways in which what happened (and what changed) in the breach-of-promise courtroom influenced the changing representation of the breach-of-promise plaintiff in nineteenth- and early twentieth-century literature and film.

Readership: Scholars in Women's (Legal) History, Legal Historians, Scholars and Students in Law and Literature, Literary Historians, Nineteenth Century Social Historians

Sommaire

Introduction
I: Situating the Project: Law, Cultural Ideology, and Nineteenth-Century Women's History
II: Tools of Analysis: Empiricism and Literature
1: Codifying Womanhood: The Nineteenth-Century Action for Breach of Promise of Marriage as the Legal Expression of the Ideal of True Womanhood
2: A Structural Inconsistency: The True Woman and the Breach-of-Promise Plaintiff
3: Breach of Promise in the Early Nineteenth Century (1800-50): Strategies of Containment, a Created Inconsistency, and the Aesthetic of the Grotesque
4: Breach of Promise in the High Victorian Period (1850-1900): The Inconsistency Unveiled, Pinchbeck Angels, and the Dominance of Satire
5: Breach of Promise in the Post-Victorian Period (1900-40): A Changing Ideal, the Action > 's Decline, and the Symbolism of Breach of Promise
Epilogue: The Power of the Image

Auteur
Saskia Lettmaier, Research Fellow at the University of Erlangen-Nuremberg and S.J.D. Candidate at Harvard Law SchoolSaskia Lettmaier is a jurist trained in both Anglo-American and German law. She obtained her B.A. in Jurisprudence from Oxford University in 2002, being awarded a First as well as the St. Anne's College Law Prize. She holds a German law degree, an LL.M. degree from Harvard University (2003) and a doctorate in Cultural Studies from the University of Bamberg (summa cum laude, 2007). She has lectured in law and in Victorian culture at the universities of Bamberg, Erlangen-Nuremberg, and Cork, and published articles on law as well as on the intersection between law and literature. She is currently a Research Fellow at the University of Erlangen-Nuremberg and an S.J.D. Candidate and Fritz Thyssen Scholar at the Harvard Law School, where she also serves on the Harvard Journal of Law and Gender.

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Information transmise par Fr. Audren:Robert Alexy Stanley Paulson and Bonnie Paulson The Argument from Injustice A Reply to Legal Positivism

Oxford Univ. Press, Dec. 2009, 160 p., ISBN:978-0-19-958421-5, £14.99

Présentation éditeur:
A classic work of contemporary German legal philosophy, and an influential challenge to the prevailing orthodoxies of modern jurisprudence
A valuable book for use on courses in jurisprudence, offering a short, accessible argument for a non-positivist theory of law At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law.
The author makes his case within a conceptual framework of five distinctions that can be variously combined to represent a multiplicity of presuppositions or perspectives underlying the enquiry into the relationship of law and morality. In this context, it can indeed be shown that there are perspectives that bespeak solely a positivistic concept of law. The decisive point, however, is that there is a perspective, necessary to the law, that necessarily presupposes a nonpositivistic concept of law. This is the perspective of a participant in the legal system, asking for the correct answer to a legal question in this legal system. The participant-thesis is demonstrated by appeal to Gustav Radbruch's formula (extreme injustice is not law) and to the judge's balancing of principles in deciding a concrete case. The author arrives at a concept of law that systematically links classical elements of legal positivism - authoritative issuance and social efficacy - with the desideratum of nonpositivistic legal theory, correctness of content.

Readership: Academics and scholars in the fields of law and philosophy, jurisprudence, and legal philosophy

Sommaire

I The Problem of Legal Positivism
1: The Basic Positions
2: The Practical Significance of the Debate
II The Concept of Law
1: Central Elements
2: Positivistic Concepts of Law
3: Critique of Positivistic Concepts of Law
III The Validity of Law
1: Concepts of Validity
2: Collisions of Validity
3: Basic Norm
IV Definition

Auteurs
Robert Alexy, Professor of Public Law and Legal Philosophy at Christian Albrechts University, Kiel, GermanyStanley Paulson, Professor of Law and Professor of Philosophy at Washington University, and Bonnie PaulsonRobert Alexy has been Professor of Public Law and Legal Philosophy at Christian Albrechts University, Kiel, since 1986. He was President of the German Section of the International Association for Philosophy of Law and Social Philosophy (IVR) from 1994-1998. Other books published by OUP include A Theory of Legal Argumentation and A Theory of Constitutional Rights.

Recensions:
"... a valuable addition to the English literature ... as a refreshingly balanced view on the virtues and limitations of the positivist project from beyond the trenches of the Anglo-American debate, it should be at or near the top of any reading list on key issues in contemporary jurisprudence. - Legal Studies

"It is a delight to see Robert Alexy's Begriff und Geltung des Rechts in English translation. All the more so because the remarkable translation skills of Bonnie Litschewski Paulson and Stanley L. Paulson have contributed to a sharpening of many of the arguments in the book...it is by far the most mature statement of Alexy's ideas on the concept of law while serving very well as a retrospective introduction to the philosophical problems in response to which he developed the discourse theory of law in the first place...The Argument from Injustice is a major contribution to the non-positivist literature. It will become a standard reference for future research in normative jurisprudence." - George Pavlakos, The Modern Law Review 67 (2), 2004

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Information transmise par Fr. Audren: The Twilight of Constitutionalism?
Edited by Petra Dobner and Martin Loughlin

Oxford Univ Press (Oxford Constitutional Theory), feb. 2010, 368 p, ISBN:978-0-19-958500-7, £50 Présentation éditeur Gathers leading figures in constitutional theory to examine one of the central issues in the field - how can constitutional values be adapted to politics beyond the state?
Offers fresh contributions to the discussion of the relationship between constitutional law, international law and EU law, of value to those working on the theory of transnational law
Brings together leading scholars from the Germanic and Anglo-American traditions of constitutional theory, furthering the exchange between the two traditions
The first entry in the new Oxford Constitutional Theory series, showcasing the best new work on the subjectThe concepts and values that underpin traditional constitutionalism are increasingly being challenged by political realities that place substantial power beyond the state. Among the few certainties of a global economy is the growing incongruity between the political (the world of things that need to be ordered collectively in order to sustain society) and the state (the major institution of authoritative political decision-making during modern times). The consequences, and possible remedies, of this double disjunction of politics and state and of state and constitution form the centre of an open debate about 'constitutionalism beyond the state'.
The essays gathered in this collection explore the range of issues raised by this debate. The effects of recent changes on two of the main building blocks of constitutionalism - statehood and democracy - are examined in Parts I and II. Since the movement of overcoming statehood has, arguably, been advanced furthest in the European context, the question of the future of constitutionalist ideas in the framework of the EU provides the key theme of Part III. The remaining parts consider possible transformations or substitutes. The engagement of constitutions with international law offers one line of transmutation of constitutionalism (Part IV) and the diffusion of constitutionalism into separate social spheres provides an alternative way of pursuing constitutionalism in a new key (Part VI). Finally, the ability of the theory of global administrative law (examined in Part V) to offer an alternative account of the potential of jurisdictional control of global governing processes is examined.
Through these explorations, the book offers cross-disciplinary insights into the impact of recent political and economic changes on modern constitutionalism and an assessment of the prospects for constitutionalism in a transnational environment.

Readership: Academics and advanced students working on constitutional theory or the theory of international law.

Sommaire

Introduction
Part I: Constitutionalism and the Erosion of Statehood
1: Dieter Grimm: The Achievement of Constitutionalism and its Prospects in a Changed World
2: Ulrich K. Preuss: Disconnecting Constitutions from Statehood: Is Global Constitutionalism a Viable Concept?
3: Martin Loughlin: What is Constitutionalisation?
Part II: The Question of Europe
4: Tanja A. Börzel: European Governance: Governing with or without the State?
5: Fritz W. Scharpf: Legitimacy in the Multi-level European Polity
6: Sonja Puntscher: Constitutionalism and Representation: European Parliamentarism in the Treaty of Lisbon
Part III: Constitutionalism without Democracy?
7: Petra Dobner: More Law, Less Democracy? Democracy and Transnational Constitutionalism
8: Marcus Llanque: On Constitutional Membership
9: Hauke Brunkhorst: Constitutionalism and Democracy in the World Society
Part IV: Constitutional Law and Public International Law
10: Mattias Kumm: The Best of Times and the Worst of Times: Between Constitutional Triumphalism and Nostalgia
11: Rainer Wahl: In Defence of 'Constitution'
Part V: Global Administrative Law: A Viable Substitute?
12: Nico Krisch: Global Administrative Law and the Constitutional Ambition
13: Alexander Somek: Administration without Sovereignty
Part VI: The Emergence of Societal Constitutionalism
14: Neil Walker: Beyond the Holistic Constitution?
15: Riccardo Prandini: The Morphogenesis of Constitutionalism
16: Gunther Teubner: Fragmented Foundations: Societal Constitutionalism beyond the Nation State

Auteurs
Edited by:

• Petra Dobner, Associate Professor of Political Science at the University of Halle, Germany
• Martin Loughlin, Professor of Public Law, London School of Economics and Political Science

Contributors:

• Tanja Börzel, Free University of Berlin
• Hauke Brunkhorst, University of Flensburg
• Petra Dobner, University of Halle
• Deiter Grimm, Humboldt University
• Nico Krisch, London School of Economics & Political Science
• Mattias Kumm, New York University
• Marcus Llanque, University of Augsburg
• Martin Loughlin, London School of Economics & Political Science
• Riccardo Prandini, University of Bologna
• Ulrich K. Preuß, Hertie School of Governance
• Sonja Puntscher-Riekmann, University of Innsbruck
• Fritz W. Scharpf, Max Planck Institute for the Study of Societies, Cologne
• Alexander Somek, University of Iowa
• Gunther Teubner, University of Frankfurt
• Rainer Wahl, University of Freiburg
• Neil Walker, University of Edinburgh
• Christian Walter, University of Münster

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