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

Originally published in 1922, this book examines legal statutes and their interpretation in English courts during the reigns of Edward I, II and III.

Theodore F. T. Plucknett (Author)

9781107653122, Cambridge University Press

Paperback / softback, published 26 September 2013

246 pages
22.9 x 15.2 x 1.4 cm, 0.37 kg

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.

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.

Subject Areas: Legal history [LAZ]