盎格鲁—美利坚法律史.影印本

目录
PART Ⅰ THE BACKGROUND OF THE COMMON LAW
Chapter Ⅰ What Legal History is About
What is Meant by Legal History
The Pre-Norman Scene
Changes Effected by the Normans
Anglo-Saxon and Early Norman Law
Preliminary Definitions
The Common Law and the Civil Law
Statutes in Common-Law Jurisdictions
Constitutionality
Civil Law Distinguished From Criminal Law
Common Law and Equity
Definition of a Court
Trial and Appellate Courts
Chapter Ⅱ The Courts
Ancient Courts
Hundred and Shire Courts
Seignorial Courts
Borough Courts
Beginnings of the Royal Courts
Reforms of Henry Ⅱ and Origins of Central Courts
The Court of Common Pleas
The Court of King's Bench
Exchequer of Pleas
The Court of Chancery—Equity
Star Chamber
Church Courts
The High Court of Parliament
Conclusion
Modern English Courts
American Colonial Courts
Chapter Ⅲ The Jury,and Other Means of Finding Facts
Wager of Law
Trial by Battle
The Jury
Origins of the Jury
Norman Use of the Inquest
The Possessory Assizes
The Petit Jury and the Ordeals
Attaint of Jurors and Contempt
Role of Magna Carta
Extension of the Jury System to Civil Cases
The Jury in Nineteenth Century United States
Present Status of the Jury in the United States
Conclusion
Chapter Ⅳ The Bench and Bar
Functions of Lawyers
Lawyers' Fees
Origins of the Bar
The Inns of Court
American Lawyers
The Bench
Earliest Judges
Independence of the Judiciary
PART Ⅱ SOURCES OF LAW
Chapter Ⅴ Custom and Cases
Custom and Law
Cases as a Source of Law
The Year Books
Private Reporters
The Doctrines of Precedent and Stare Decisis
Chapter Ⅵ Legislation and Codification
Origins of Legislation
The Addition of the House of Commons
Codification
Early Codes
Uniform Acts
Interpretation of Statutes
Chapter Ⅶ Doctrinal Writings
From Glanvill to Littleton
From Littleton to Kent and Story
From Kent and Story to the Present Day
PART Ⅲ THE COMMON LAW IN ACTION
Chapter Ⅷ Real Property
The Anglo-Saxon Background
The Norman Background
Inheritance of Land
Who Has Seisin—Service and Demesne
Alienation of land
The Uses of a Fee
The Life Estate
Reversions and Remainders
The Estate in Fee Tail
Conclusion
Dower and Curtesy
The Leasehold Estate
The Writ of Ejectment
Wills of Land
Roman Law
Anglo-Saxon Succession and "Wills"
Norman Wills
Uses and Wills
The Statute of Uses and the Statute of Enrollments
Modern Trusts and Wills
Modern Wills
Chapter Ⅸ Torts
The Ancient Law
The Writ of Trespass
The Nominate Trespass Actions
The Innominate Trespass Actions
Theories of Liability Under the Writs of Trespass
Negligence
Modern Negligence Theory
Conclusion
Automobile Accidents and Fault Liability
A Note on No-fault Insurance
Chapter Ⅹ Contracts
Early Forms in the Nature of Contract
Church Courts and Promises
Pledges
Common Law Actions in the Nature of Contract
Fate of These Actions
Trespass on the Case on an Assumpsit
Sales of Goods
Warranties
Trespass on the Case on a Deceit
Mutual Executory Promises
Slade's Case
Consequences of Slade's Case
Contracts Implied in Fact and Quasi Contracts
The Doctrine of Consideration
Economic Forces
PART Ⅳ THE COMMON LAW CODIFIED
Chapter Ⅺ The Law and Commerce—Action and Reaction
Early Mercantile Law
The Development of Trade
Chapter Ⅻ Negotiable Instruments
Types of Negotiable Instruments
The Bill of Exchange,or Draft
Early Enforcement
In Common-Law Courts
Introduction of Law Merchant to the Common Law
Assignments At Common Law
Promissory Notes
Importance of the Goldsmiths' Activities
The Statute of Anne
Subsequent Common Law Developments
The Codification Movement
Chapter ⅩⅢ Business Organizations
Early Entity Concepts
The Roman Concept
Churches and Universities
Boroughs and Towns
Guilds
Commenda and Societas
Joint Stock Companies
Limited Liability
American Corporations
Corporate Status as a Privilege
Partnerships
Entity and Aggregate Theories
The Uniform Partnership Act
Limited Partnerships
INDEX