Timothy Andrew Orville Endicott

Joshua Getzler

Edwin Peel

James W. Harris

The late Jim Harris' theory of the science of law, and his theoretical work on human rights and property, have been a challenge and stimulus to legal scholars for the past twenty-five years. This collection of essays, originally conceived as a festschrift and now offered to the memory of a greatly admired scholar, assesses Harris' contribution across many fields of law and legal philosophy. The chapters are written by some of the foremost specialists writing today, and reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include contributions on topics as diverse as the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse. With a foreword by the Honourable Justice Edwin Cameron, this volume celebrates the life and work of Jim Harris

Essays in Honour of Jim Harris

Properties of Law

Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.

A History of Water Rights at Common Law

Paul Brand

In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

From Antiquity to Modern Times

Judges and Judging in the History of the Common Law and Civil Law

The common law began as England's national system of adjudication for correcting wrongs, protecting rights, and enforcing due administration of government in the Royal courts. Its origins can be traced back to 11th century England, and was soon exported to the rest of Britain and ultimately to the far-flung reaches of the British Empire. The common law has therefore enjoyed nearly a thousand years of development and elaboration, in many lands, influenced by but separate from the systems of continental Europe, with its own distinctive procedures of pleading, fact-finding, and remedies. It developed laws that govern much of today's world of trade, business, and finance; it defended ideas of personal liberty and equality before the law; and it helped establish principles of constitutional, legally-limited government, and administration. Thus the common law provides an original and crucial strand in the history of social organization, politics, and culture around the world. In this Very Short Introduction Joseph Getzler explains the evolution of the common law. The main institutions of the common law are described - courts, procedures, judges and juries, and means of reporting, analysing, and learning the law; and the main categories of common-law rights and duties are delineated - property, contract, and tort, equitable claims, unjust enrichment, crime, constitutional and public law, and civil liberties.

Joshua Getzler

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