English Law Under Two Elizabeths: The Late Tudor Legal World and the Present

Sir John Baker

doi:10.1017/9781108936705

Comparative legal history is generally understood to involve the comparison of legal systems in different countries. This is an experiment in a different kind of comparison. The legal world of the first Elizabethans is separated from that of today by nearly half a millennium. But the past is not a wholly different country. The common law is still, in an organic sense, the same common law as it was in Tudor times and Parliament is legally the same Parliament. The concerns of Tudor lawyers turn out to resonate with those of the present and this book concentrates on three of them: access to justice, in terms of both cost and public awareness; the respective roles of common law and legislation; and the means of protecting the rule of law through the courts. Central to the story is the development of judicial review in the time of Elizabeth I.

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Contents

English Law under Two Elizabeths
pp i-ii
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English Law under Two Elizabeths - Title page
pp iii-iii
The Late Tudor Legal World and the Present
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Copyright page
pp iv-iv
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Contents
pp v-vi
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The Hamlyn Trust
pp vii-ix
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The Hamlyn Lectures
pp x-xiv
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Preface
pp xv-xviii
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Table of Statutes
pp xix-xxii
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Table of Cases
pp xxiii-xxix
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Abbreviations
pp xxx-xxxvi
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1 - The English Legal System under Elizabeth I
pp 1-33
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2 - The Elizabethan Common Law
pp 34-86
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3 - An Age of Common Law and an Age of Statute?
pp 87-142
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4 - The Elizabethan Inheritance
pp 143-193
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5 - Comparing Then and Now
pp 194-213
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Index
pp 214-222
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English Law Under Two Elizabeths

The Late Tudor Legal World and the Present

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Contents

English Law under Two Elizabeths
pp i-ii

English Law under Two Elizabeths - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vi

The Hamlyn Trust
pp vii-ix

The Hamlyn Lectures
pp x-xiv

Preface
pp xv-xviii

Table of Statutes
pp xix-xxii

Table of Cases
pp xxiii-xxix

Abbreviations
pp xxx-xxxvi

1 - The English Legal System under Elizabeth I
pp 1-33

2 - The Elizabethan Common Law
pp 34-86

3 - An Age of Common Law and an Age of Statute?
pp 87-142

4 - The Elizabethan Inheritance
pp 143-193

5 - Comparing Then and Now
pp 194-213

Index
pp 214-222

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English Law Under Two Elizabeths

The Late Tudor Legal World and the Present

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