Statutes and Their Interpretation in the First Half of the Fourteenth Century

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The Lawbook Exchange

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491_9781616190712

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An important book by a preeminent scholar of English legal historyUsing evidence drawn from the Year Books from 20 Edw. I to 20 Edw. III Plucknett analyzes the nature of early statutes as seen in the rules for their construction and their use in court. He shows that the early statutes were more legislative than declaratory, and were treated as such by the courts. This is an essay of absorbing interest and of great value to historians of the law. Every page shows not only immense industry, but sound learning. --Law Quarterly Review 39:138-139Theodore F. T. Plucknett [1897-1965] was a Fellow of the British Academy, Professor of Legal History in the University of London and author of A Concise History of the Common Law (1929).CONTENTSGeneral Preface by H.D. HazeltineAuthors PrefaceTable of StatutesTable of Year Book CasesSourcesList of IncipitsIntroduction. The Problem and the EvidencePART I. Legislation and Legal thought in the Early Fourteenth CenturyThe Scope of the DiscussionCHAP. I. Origins and Early Forms of Written LawCHAP. II. Text and TranslationCHAP. III. The Legislature and its PlaceCHAP. IV. Statutes and the Common LawCHAP. V. Statutes and OrdinancesCHAP. VI. Legal ThoughtPART II. Examples of InterpretationArrangement and GroupingCHAP. I. General Words and Literal ConstructionCHAP. II. The Intention of the LegislatureCHAP. III. Exceptions out of the StatuteCHAP. IV. Refusal of the Courts to Apply StatutesCHAP. V. Extension of the Words of a StatuteCHAP. VI. Strict InterpretationCHAP. VII. Conflict of StatutesCHAP. VIII. Ignorance of Statutes among Contemporary LawyersCHAP. IX. The Retrospective Effect of StatutesCHAP. X.Judicial DiscretionCHAP. XI.Statutes and the Common LawCHAP. XII.Statutes and the Royal PrerogativeCHAP. XIII.Statutory WritsCHAP. XIV.The Interpretation of Particular StatutesConclusionAPPENDIX I. Texts of StatutesAPPENDIX II. Select CasesIndex

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