This study addresses the ius commune's relation to and influence on English law. Helmholz aims to fill in some of the gaps in scholarship on the common legal past of Western law, the history of the Roman and canon laws, the history of the ecclesiastical courts, parallels between the ius commune and English common law, and English church history.

The ius commune in England: Four Studies

Literature & Fiction

Helmholz, R.H.

Poetry

Oxford University Press

This volume traces the reception and subsequent history of the canon law in England between 597 and 1649. It covers, amongst other topics, the Anglo-Saxon laws, both secular and spiritual; the establishment of consistory courts; and the fate of the canon law during and after the English reformation. Secondly, this volume addresses the subjects under ecclesiastical jurisdiction: civil procedure and the law of proof; monetary obligations and economic regulation; testamentary law and probate jurisdiction; tithes and spiritual dues; churches and the clergy; marriage and divorce; defamation; and crimes and criminal procedure. These subjects are examined using evidence from later medieval and early modern court records, and the volume seeks to place them within the context of formal canon law. The volume also places ecclesiastical jurisdiction within the context of English society and the English common law.

The Oxford History of the Laws of England

Legal History

Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what has sometimes been taken to be an unchanging tenet of our legal system has actually encompassed many different legal consequences in a history that reaches back to the Middle Ages. Each chapter of this definitive study uncovers what the privilege meant in practice. The authors trace the privilege from its origins in the medieval period to its first appearance in English common law, and from its translation to the American colonies to its development into an effective protection for criminal defendants in the nineteenth century. The authors show that the modern privilege—the right to remain silent—is far from being a basic civil liberty. Rather, it has evolved through halting and controversial steps. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality. This book constitutes a major revision of our understanding of an important aspect of both criminal and constitutional law.

The Privilege against Self-Incrimination: Its Origins and Development

Langbein, John H.

Gray, Charles M.

Moglen, Eben

University of Chicago Press

Fundamentals of Property Law is designed with four guidelines in mind, allowing the student not only to obtain a firm grasp of the fundamentals of real and personal property through the use of this book, but also to enjoy the experience:First, the selection of cases emphasizes rules that are widely accepted in practice. Minority view opinions appear only when they state the majority position clearly, so that students will not be misled about the current state of the law. For example, materials on common law estates is presented through cases, allowing the teacher to integrate them with the rest of the course and pointing out the extent to which the estate system meets the needs of attorneys in practice.Second, shorter cases are preferred over longer ones and short expositions of the rules are preferred over treatise-like opinions. While some treatise and law review literature is needed beyond case law to provide a sufficient guide to the law, this casebook provides an introductory view. Thus the land conveyancing materials emphasize the transfer of titles, the text presents servitudes and easements' leading concepts, the takings cases deal with land use controls, and the controls emphasized involve the basics of zoning.Third, the authors address questions of statutory interpretation with regularity in the cases and notes. While real property law may be affected less than some other areas of the first year curriculum, it is of vital importance to understand the role statutes play in our legal system.Fourth, this book uses intellectual property to provide perspective, but is written overall with a broad approach to the law, reflecting the many disciplines that illuminate the law of property.

Fundamentals of Property Law

Burke, Barlow

Burkhart, Ann M.

Business

Lexis Nexis/Matthew Bender

Marriage Litigation in Medieval England (Cambridge Studies in English Legal History)

This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.

History

Europe

Cambridge University Press

Roman Canon Law in Reformation England (Cambridge Studies in English Legal History)

In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to demonstrate the extent to which, contrary to received wisdom, Roman canon law survived in England after the upheavals of the Protestant Reformation. Clearly and elegantly written, this study is both a companion to and development of Maitland's celebrated Roman Canon Law in Medieval England. It will be of great interest not only to legal and ecclesiastical specialists but to any reader seeking a wider understanding of the constitutional and intellectual context in which the English Reformation developed.

In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to demonstrate the extent to which, contrary to received wisdom, Roman canon law survived in England after the upheavals of the Protestant Reformation. Clearly and elegantly written, this study is both a companion to and development of Maitland's celebrated Roman Canon Law in Medieval England. It will be of great interest not only to legal and ecclesiastical specialists but to any reader seeking a wider understanding of the constitutional and intellectual context in which the English Reformation developed.

The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War.
R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Natural Law in Court: A History of Legal Theory in Practice

Harvard University Press

Despite the long reach of classical canon law—across Europe, well into modern times, and into such secular subjects as theft, wills, and the sale of goods—it has been the subject of far too few general studies in English. Illuminating the basic nature of the canon, this work explores the roles of moral, social, political, and religious values in the laws' development through the seventeenth century. At the same time, R. H. Helmholz makes relevant the attitudes and formal techniques of the laws' authors, practitioners, and interpreters.
Helmholz first discusses the origins of the canon law; the collection of texts, known as the Corpus iuris canonici, which form its foundation; the basic sources on which the Corpus draws, including the Bible and Roman law; and the body of juristic commentary on the Corpus. He then considers, in turn, fourteen of the major areas affected by the laws such as the governance of the Church (in particular the law of election of bishops), the sacraments (baptism), and legal sanctions (the law of excommunication).
In conclusion, Helmholz points to three common themes that characterize the laws and their implementation: their close connection with the goals and ideals of the Gregorian reform movement, a concern for the spiritual health of all concerned parties, and an interest in securing justice and protection for the unfortunate. Helmholz also comments on the lawyerly skill of the men who devoted their careers to the canon law and the law's ambitious goals. He does not shrink from describing its unpalatable aspects, such as its acceptance of slavery, its restrictions on religious freedom, and its use as an instrument of the clergy's agenda.
The size and complexity of the body of church law and its jurisprudence have kept historians in many fields from appreciating how this topic might enrich their studies. The Spirit of Classical Canon Law provides them with the ideal entree.

The Spirit of Classical Canon Law (Spirit of the Laws)

World

Univ of Georgia Pr

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Books by Helmholz, R.H.

See the best price to sell, buy, or rent books by Helmholz, R.H.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The ius commune in England: Four Studies

The Oxford History of the Laws of England

The Privilege against Self-Incrimination: Its Origins and Development

Fundamentals of Property Law

Marriage Litigation in Medieval England (Cambridge Studies in English Legal History)

Marriage Litigation in Medieval England (Cambridge Studies in English Legal History)

Roman Canon Law in Reformation England (Cambridge Studies in English Legal History)

Roman Canon Law in Reformation England (Cambridge Studies in English Legal History)

Natural Law in Court: A History of Legal Theory in Practice

The Spirit of Classical Canon Law (Spirit of the Laws)