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

by Theodore F. T. Plucknett

Overview

Originally published in 1922, this book examines legal statutes and their interpretation in English courts during the reigns of Edward I, Edward II and Edward III. Distinguished legal historian Theodore Plucknett presents problems such as mistranslations, ignorance among lawyers and, in some instances, outright refusal by the courts to enforce certain statutes, and how these errors in enforcement changed the role of the government in lawmaking and legal practice. This book will be of value to anyone with an interest in British legal history.

Product Details

ISBN-13:	9781107653122
Publisher:	Cambridge University Press
Publication date:	09/26/2013
Pages:	246
Product dimensions:	5.90(w) x 8.90(h) x 0.60(d)

Table of Contents

General preface H. D. Hazeltine; Author's preface; Table of statutes; Table of year book cases; Sources; List of incipits; Introduction. The problem and the evidence; Part I. Legislation and Legal Thought in the Early Fourteenth Century: 1. Origins and early forms of written law; 2. Text and translation; 3. The legislature and its place; 4. Statutes and the common law; 5. Statutes and ordinances; 6. Legal thought; Part II. Examples of Interpretation: 1. General words and literal construction; 2. The intention of the legislature; 3. 'Exceptions out of the statute'; 4. Refusal of the courts to apply statutes; 5. Extension of the words of a statute; 6. Strict interpretation; 7. Conflicts of statutes; 8. Ignorance of statutes among contemporary lawyers; 9. The retrospective effect of statutes; 10. Judicial discretion; 11. Statutes and the common law; 12. Statutes and the royal prerogative; 13. Statutory writs; 14. The interpretation of particular statutes; Conclusion; Appendix 1. Text of statutes; Appendix 2. Select cases; Index.