Table of Contents after the jump.8 February 2015 marked the 200th anniversary of the birth of Thomas Erskine May. May is the most famous of the fifty holders of the office of Clerk of the House of Commons. His continued renown arises from his Treatise upon the Law, Privileges, Proceedings and Usage of Parliament, first published in 1844 and with its 25th edition currently in preparation. It is known throughout those parts of the world that model their constitutional arrangements on Westminster as the 'Bible of Parliamentary Procedure'. This volume celebrates both the man and his book. Bringing together current and former Clerks in the House of Commons and outside experts, the contributors analyse May's profound contribution to the shaping of the modern House of Commons, as it made the transition from the pre-Reform Act House to the modern core of the UK's constitutional democracy in his lifetime. This is perhaps best symbolised by its enforced transition between 1834 and 1851 from a mediaeval slum to the World Heritage Palace of Westminster, which is the most iconic building in the UK.
The book also considers the wider context of parliamentary law and procedure, both before and after May's time. It constitutes the first sustained analysis of the development of parliamentary procedure in over half a century, attempting to situate the reforms in the way the central institution of our democracy conducts itself in the political contexts which drove those changes.
The trilingual Tijdschrift voor Rechtsgeschiedenis /Revue d'Histoire du Droit /The Legal History Review is out with a new combined issue, Volume 85, Issue 3-4 (2017). It includes a paper just posted to SSRN: The Court of Common Pleas of East Florida 1763-1783, by Matthew Mirow, Florida International University College of Law:Legal historians have surmised that court records of the British province of East Florida (1763-1783) have been either lost or destroyed. This assumption was based on the poor conditions for survival of documents in Florida and statements made in the secondary literature on the province. Nonetheless, a significant number of documents related to the courts of British East Florida exist in the National Archives (Kew). These materials reveal an active legal culture using English law in a wide range of courts including (1) the Court of Common Pleas; (2) the Court of Chancery; (3) the Court of General Sessions of the Peace, Oyer et Terminer, Assize and General Gaol Delivery; (4) Special Courts of Oyer et Terminer; (5) the Court of Vice-Admiralty; (6) the Court of Ordinary; (7) the General Court; and (8) a District Court.TOC for the combined issues after the jump.
This article studies a portion of the documents related to the Court of Common Pleas to describe the nature of the court's practice in civil litigation. It closely examines three cases for which sufficient extant pleadings permit the reconstruction of the general contours of recovery for breach of a sales contract through an action of trespass on the case, for contract enforcement through an action of covenant, and for recovery of a sum certain through an action of debt. This small window provided by these cases into the activities of this court reveals a heretofore unknown world of English common law in North America during and after the American Declaration of Independence. This new information supplements and challenges our established understanding of colonial law in the revolutionary period and the use of law in the British Empire. This study illustrates the many opportunities these sources offer to legal historians of the period.
First, I
want to thank Karen, Dan, and Mitra for inviting me to guest blog this month. I
have been an avid reader of LHB for years, but this month will be my first
foray into blogging. I’m looking forward
to the conversations it will (hopefully) generate!
Here are some endorsements:Since the rise of the small-sum lending industry in the 1890s, people on the lowest rungs of the economic ladder in the United States have been asked to pay the greatest price for credit. Again and again, Americans have asked why the most fragile borrowers face the highest costs for access to the smallest loans. To protect low-wage workers in need of credit, reformers have repeatedly turned to law, only to face the vexing question of where to draw the line between necessary protection and overreaching paternalism.
City of Debtors shows how each generation of Americans has tackled the problem of fringe finance, using law to redefine the meaning of justice within capitalism for those on the economic margins. Anne Fleming tells the story of the small-sum lending industry’s growth and regulation from the ground up, following the people who navigated the market for small loans and those who shaped its development at the state and local level. Fleming’s focus on the city and state of New York, which served as incubators for numerous lending reforms that later spread throughout the nation, differentiates her approach from work that has centered on federal regulation. It also reveals the overlooked challenges of governing a modern financial industry within a federalist framework.
Fleming’s detailed work contributes to the broader and ongoing debate about the meaning of justice within capitalistic societies, by exploring the fault line in the landscape of capitalism where poverty, the welfare state, and consumer credit converge.
“Fleming’s fascinating, carefully researched study reveals the pivotal role New York played in the development of consumer-credit regulation. New York might be an outlier in the twenty-first century, but at the turn of the twentieth century, when small-sum loans originated, every major thread was connected to the events and personalities of New York.”—Ronald J. Mann, author of Bankruptcy and the U.S. Supreme CourtProfessor Fleming’s “Made by History” op-ed on the book is here. She’ll be presenting it to the Washington History Seminar at the Woodrow Wilson International Center for Scholars on March 19.
“Anne Fleming’s pathbreaking narrative of small-sum lending in New York City brings alive loan sharks, lenders seeking respectability, reformers, crusading lawyers, and the debtors themselves, all while focusing on a problem that plagues us to this day: the poor need money desperately, have little credit to obtain it, and thus are easy marks for exploitation.”—Robert W. Gordon, author of Taming the Past: Essays on Law in History and History in Law
“Loan sharks and banks reside on a single lending continuum. Fleming takes us to the only space on that continuum where marginal wage-earners could legally, albeit expensively, borrow money. City of Debtors is essential reading for anyone who would understand that world and its consequences, then and now.”—Bruce H. Mann, author of Republic of Debtors: Bankruptcy in the Age of American Independence
“It would be easy to get lost in the thicket of loopholes, appeals, FTC rules, ‘wage assignments,’ ‘waiver of defense clauses,’ and similar arcana, but Fleming is a surefooted guide. The reader comes out with a much deeper understanding of the shadowy, constantly changing landscape at the edges of standard finance and economic daily life.”—Bethany Moreton, author of To Serve God and Wal-Mart: The Making of Christian Free Enterprise
Maya Jasanoff's biographical history of Joseph Conrad, The Dawn Watch: Joseph Conrad in a Global World, is reviewed glowingly in The New Statesman.
This article examines the impact of the Supreme Court decision in Buchanan v. Warley (1917) invalidating residential segregation laws as a deprivation of property rights without due process of law. The decision was premised on a strong affirmation of the right to acquire property. The article explores the historical background and contemporary significance of the right to acquire property. It notes that early state constitutions expressly recognized such a right. It points out that the right to acquire found practical expression in hostility to state-conferred monopoly and in the right to follow common occupations, two doctrines which evolved under the due process clause of the Fourteenth Amendment. The article stresses that the right to acquire property, as in Buchanan, serves to protect the interests of the economically disadvantaged, racial minorities, and fledgling entrepreneurs.
Although courts continued to invoke the right to acquire property, by the early twentieth century such right was increasingly limited by the spread of occupational licensing and enactment of laws hampering competition in certain businesses. This trend was facilitated by the emergence of New Deal jurisprudence which downplayed the rights of property owners and emphasized judicial deference to the economic judgment of legislators. As judicial review of economic regulations became largely perfunctory, occupational licensing and entry barriers proliferated in the years following World War II. Recently, however, some courts have looked skeptically at laws restricting entry into common occupations. The article concludes that the right to acquire property, although often ignored, retains some vitality.
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To many observers, European law seems like the endpoint of a mostly random walk through history. Certainly the trajectory of legal systems in the West over the past 2,500 years is far from self-evident. In A Short History of European Law, Tamar Herzog offers a new road map that reveals underlying patterns and unexpected connections. By identifying what European law was, where its iterations could be found, who was allowed to make and implement it, and what the results were, she ties legal norms to their historical circumstances, and allows readers to grasp their malleability and fragility.
Herzog describes how successive European legal systems built upon one another, from ancient times through the establishment and growth of the European Union. Roman law formed the backbone of each configuration, though the way it was understood, used, and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition.Praise for the book:
Expanding the definition of Europe to include its colonial domains, Herzog explains that British and Spanish empires in the New World were not only recipients of European legal traditions but also incubators of new ideas. Their experiences, as well as the constant tension between overreaching ideas and naive localism, explain how European law refashioned itself as the epitome of reason and as a system with potentially global applications.
For nearly all advanced industrialized nation-states, taxation is the central source of public revenue. Indeed, taxation is the one policy area without which nearly all of the other functions and aspects of the modern state would not be possible. Thus, to continue the Bourdieuian metaphor of a body politic that frames this edited volume, taxation is the lifeblood of the effective, modern, liberal state. Like blood itself, taxation does much more than provide material sustenance for the body politic. Because taxation is one of the most widely and persistently experienced relationships that individuals have with their government, it helps us define the meaning of fiscal citizenship. Taxation institutionalizes the concept of a social contract between the state and its citizens, between the sovereign and its subjects.
This paper, which is part of a collection of essays, explores the central role of taxation to the development of an effective, modern state. After reviewing some of the classic social and economic literature on how taxation is the key link between war and state formation, this paper investigates how scholars have recently begun to go beyond the conventional view of taxation as simply a source of material resources, to examine the historical relationship between taxation and citizenship. There is perhaps no better example of how taxation has shaped social and cultural conceptions of fiscal citizenship than the U.S.’s adoption of direct and progressive taxation in the early twentieth century. Using the United States during this period as a case study, this paper shows how American reformers deliberately deployed a particular vision and idiom about taxation to help lawmakers and ordinary Americans reimagine the financial basis of government programs.
appears under the auspices of the Grotiana Foundation. The journal’s leading objective is the furtherance of the Grotian tradition. It welcomes any relevant contribution to a better understanding of Grotius’ life and works. At the same time close attention will be paid to Grotius’ relevance for present-day thinking about world problems. Grotiana therefore intends to be a forum for exchanges concerning the philosophical, ethical and legal fundamentals of the search for an international order.
