Judges and Judging in the History of the Common Law and Civil Law

Paul Brand is a Senior Research Fellow at All Souls College, Oxford. Joshua Getzler is a fellow and tutor at St Hugh's College, Oxford and Professor of Law and Legal History in the Faculty of Law, University of Oxford.

Part I. Common Law: 1. Judges and judging 1176–1307 Paul Brand; 2. Formalism and realism in fifteenth-century English law: bodies corporate and bodies natural David J. Seipp; 3. Early modern judges and the practice of precedent Ian Williams; 4. Bifurcation and the Bench: the influence of the jury on English conceptions of the judiciary John H. Langbein; 5. Sir William Scott and the law of marriage Rebecca Probert; 6. The politics of English law in the nineteenth century Michael Lobban; 7. Judges and the criminal law in England 1808–61 Phil Handler; 8. Bureaucratic adjudication: the internal appeals of the Inland Revenue Chantal Stebbings; Part II. Continental Law: 9. Remedy of prohibition against Roman judges in civil trials Ernest Metzger; 10. The spokesmen in medieval courts: the unknown leading judges of the customary law and makers of the first continental law reports Dirk Heirbaut; 11. Superior courts in early modern France, England and the Holy Roman Empire Ulrike Muessig; 12. The Supreme Court of Holland and Zeeland judging cases in the early 18th century A. J. B. Sirks; Part III. Imperial Law: 13. 11,000 prisoners: habeas corpus, 1500–1800 Paul D. Halliday; 14. Some difficulties of colonial judging: the Bahamas 1886–93 Martin J. Wiener; 15. Australia's early High Court, the Fourth Commonwealth Attorney-General and the 'strike of 1905' Susan Priest; 16. Judges and judging in colonial New Zealand: where did native title fit in? David V. Williams.