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Sir John Davies and the Conquest of Ireland
Hans S. Pawlisch
其他書名
A Study in Legal Imperialism
出版
Cambridge University Press
, 2002-07-18
主題
History / Europe / Western
History / Europe / Great Britain / General
History / Europe / Ireland
History / Europe / Renaissance
Law / Administrative Law & Regulatory Practice
Psychology / Developmental / Child
ISBN
0521526574
9780521526579
URL
http://books.google.com.hk/books?id=H_xM1NWm7JwC&hl=&source=gbs_api
EBook
SAMPLE
註釋
This study examines the Law Reports of Sir John Davies and litigation pleaded before the central Irish courts during the period in which Davies served in Ireland as solicitor-general (1603-6) and attorney-general (1606-19). The author's main concern is to explicate the legal and jurisprudential issues involved and to draw out their deeper political implications. He argues that, in the absence of a malleable parliament, judge-made law became the instrument by which the Jacobean regime consolidated the Tudor conquest. The book also touches on the influence of the implementation of the law on the Irish coinage, Gaelic tenurial customs and religious conformity. More controversial themes include the origins of precedent in the Anglo-American legal tradition, the use of continental civil law in common law litigation and the relationship of early modern Ireland to the development of an imperial jurisprudence.