Full Description
Over the last 40 years, David Ibbetson has paved the way in a remarkably broad range of fields.
In ancient law, his scholarship has spanned both the detailed doctrine of the Roman law of obligations and the cross-pollination of legal influences around the ancient Mediterranean. His work on English legal history has ranged from the earliest days of the common law through to the turn of the 20th century, combining forensic archival research with a sensitivity to how lawyers thought about their subject. In European legal history, he has shown the porousness of the civil law and the extent to which it has been shaped by other areas of intellectual life, from theology to rationalist philosophy.
The contributions to this volume in his honour mirror both the breadth and the depth of Ibbetson's scholarship. The book combines chapters from leading legal historians, close colleagues and over a dozen of Ibbetson's students. Some chapters build upon or respond to Ibbetson's ideas, others his areas of interest. The contributions are introduced by Ibbetson's valedictory lecture on the importance of legal history to modern practice and scholarship, and the work yet to be done.
Contents
1. Introduction, Joe Sampson and Stelios Tofaris (University of Cambridge, UK)
2. Acta et Agenda, David Ibbetson (University of Cambridge, UK)
Part One: Ancient Law
3. Chasing, Lying and Persuading: D 47.2.52.19-52.24 in Context, Helen Scott (University of Cambridge, UK)
4. D 9.2.27.14 (Ulp 18 Ad Ed): Weeds in the Digest, Wolfgang Ernst (University of Oxford, UK)
5. Felling Trees in Mesopotamia and Rome, Joe Sampson (University of Cambridge, UK)
Part Two: English Legal History
6. Taking Thirteenth-Century Statutes Seriously: The Strange History of Remedies Based on Chapter 7 of the Statute of Gloucester (1278), Paul Brand (University of Oxford, UK)
7. John Selden's Commonplace-Book (1608), John Baker (University of Cambridge, UK)
8. Early Seventeenth-Century Common Injunctions, Neil Jones (University of Cambridge, UK)
9. The Burden of Proof in English Criminal Proceedings After the Revolution, Mike Macnair (University of Oxford, UK)
10. Motive and Malice Prepensed, Joshua Getzler (University of Oxford, UK)
11. Dogs, Dons and Monkeys: Legal Liability for Domestic Animals, Warren Swain (University of Auckland, New Zealand)
Part Three: Comparative Legal History
12. Peer Reviewing Cujas, Alain Wijffels (University of Leiden, the Netherlands, and Ku Leuven, Belgium)
13. Star Chamber and the Civil Law, Ian Williams (University College London, UK)
14. The Law of Treason in Britain's Roman-Dutch Colonies, Michael Lobban (University of Oxford, UK)
15. Rome in the Antipodes: Emphyteusis and the Australian Perpetual Lease, Paul Babie (University of Adelaide, Australia)
16. Specific Performance and the Indian Contract Act: History, Theory and Politics, Stelios Tofaris (University of Cambridge, UK)
17. Path Dependence and French Administrative Law, John Bell (University of Cambridge, UK)
Part Four: History and Modernity
18. Law in Henry James's Early Fiction, Paul Mitchell (University College London, UK)
19. English Student Legal Periodicals, 1842-1922: Peculiarly Applicable to English Law Students, Catharine MacMillan (King's College London, UK)
20. Historical Insights into Contemporary Legal Problems: The 2020 Reforms of the Law of Civil Contempt, David Foxton (Justice of the High Court, UK)
21. Tort and Stability, Matt Dyson (University of Oxford, UK) and Emily Gordon (University College London, UK)
22. 'Unofficial Law', Doctrinal Change, and Judicial Review of Prerogative Powers, David Feldman (University of Cambridge, UK)
23. Quackery, Care and Themes in Nineteenth-Century Legal Change, Colm McGrath (King's College London, UK)
24. Judges, Jurists and Style, Jonathan Morgan (University of Cambridge, UK)
