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Sources of English Legal History

Public Law to 1750

By: John Baker

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eBook | 8 February 2024

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Sources of English Legal History: Public Law to 1750 is the definitive source book on the foundations of English public law. A companion to Baker and Milsom's Sources of English Legal History: Private Law to 1750 2e (OUP, 2010), this new volume offers an extensive collection of illustrative original materials, many of which are previously unpublished. It contains significant new material on the history of habeas corpus, mandamus, and certiorari, as well as well-known constitutional landmarks from the earliest times to 1750. Writing on the history of public law has tended to focus solely on the texts of statutes and formal records. In contrast, the present book concentrates on the forensic arguments and judicial decisions that led to the emergence of legal principles in the field of public law, including criminal law and the regulation of jurisdictions. It illuminates the growth of public law during the medieval and early modern periods, addressing the state's legislative and judicial organs, its coercive functions, and more broadly, the respective powers of the crown and parliament. The first work of its kind, this book is an essential resource for anyone interested in legal and constitutional history.