Published by Good Press, 2019

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      EAN 4057664586902

Table of Contents

       POPULAR LAW-MAKING

       I

       II

       III

       IV

       V

       VI

       VII

       VIII

       IX

       X

       XI

       CHAPTER XII

       CHAPTER XIII

       CHAPTER XIV

       XV

       XVI

       XVII

       XVIII

       XIX

       XX

       INDEX

      I. THE ENGLISH IDEA OF LAW

      Proper Field of Legislation; Meaning of the Word "Law,"; Modern

       Importance of Statute Law; Representative Government and the Right

       to Law; Enforcement of the Common Law; Origin of Representative

       Legislatures; Customary or Natural Law; No Sanction Necessary;

       The Unwritten Law and Outlawry; Early Parliament Merely Judicial;

       Contrast of Common Law with Roman Law; Theory that the King Makes

       Law; Parliament Retains the Right to Tax; Parliament Recovers

       Legislative Powers.

      II. EARLY ENGLISH LEGISLATION AND MAGNA CHARTA

      Constructive Legislation a New Idea; Statutes Increase of Late

       Years; Sociological Legislation only Considered; Early Legislation

       Political; English Law not Codified; Early Anglo-Saxon Laws;

       Freedom Gained in Guilds; Threefold Division of Government; No

       Constitution Controls Parliament; Restoration of English Law After

       the Conquest; Taxation by Common Consent; Earliest Social Statute;

       Recognition of Personal Property; Law of Land Tenure; The Charter

       of Liberties; Early Methods of Trial; Distinction Between Sin and

       Crime; Church Law Governs Sin; Important Clauses of Magna Charta;

       Freedom of Trade; Taxation for the Common Benefit; The Great

       "Liberty" Clause; "Administrative" Law not English; No Government

       Above Law.

      III. RE-ESTABLISHMENT OF ANGLO-SAXON LAW.

      Common Law Against Civil Law; "We Are Unwilling to Change the Laws of England;" Usury and the Jews; Towns Represented in Parliament; The Fixing of Prices; Sumptuary Laws; The Benefit of Clergy; Partial Codification; The Statute of Westminster I; Law Extended to All People; Labor Makes Men Free; The Freedom of Elections; "Cruel and Unusual Punishment"; Sexual Offences Made Secular Crimes; Earliest Duties on Imports; Early Duties on Wool; The Law of Wrecks.

      IV. EARLY LABOR LEGISLATION, AND LAWS AGAINST RESTRAINT OF TRADE AND "TRUSTS"

      Extortion and Discrimination; Forestalling, Regrating, Engrossing; The Statute of Bakers; Origin of Law of Conspiracy; The Law of Combination; The Modern Definition; Combinations Against Individuals; Intent Makes the Guilt; Conspiracy More Heinous than the Act Committed; Combinations to Injure Trade; Individual Injuries to Business; Definition of Forestalling; "The Iowa Idea"; The Statutes of Labor; First Statute of Laborers; A Fixed Wage; Early Law of Strikes; Early Law of Trades-Unions; Labor Conditions in Early Times; Combinations to Fix Prices; Unlawful By-Laws of Unions; Restraint of Trade; The Eight to Labor; The Earliest Boycott; Origin of the Injunction in Labor Cases; The Common Law Vindicated; Compulsory Labor in England; Free Trade to Merchants; Jealousy of Chancery Power; Guilds and Corporations; Chancery and the Star Chamber; By-Laws Tending to Monopoly; Hours of Labor Laws; Idlers and Vagabonds; Trusts and Labor Combinations; Riots and Assemblies; The Statute of Elizabeth; Early Labor Regulations; The First Poor Law; The First Complaint of Monopolies; Growth of Monopolies; The Statute of Monopolies; The Impeachment of Monopolists.

      V. OTHER LEGISLATION IN MEDIAEVAL ENGLAND

      The Statute of Mortmain; The Law Merchant; Origin of Habeas

       Corpus; Early Police Regulation; Opposition to Customs Duties;

       Interpretation of the Great Charter; Statute Against Chancery

       Jurisdiction; Early Tariffs on Wool; The English Language Replaces

       French; Freedom of Trade at Sea; Laws of the Staple; Early Food

       Laws Forbidding Trusts, etc.; The Statutes of Dogger; Department

       Stores and Double Trading; Freedom of Trade Restored; Jealousy of

       the Roman Law; Laws Against Scotch, Welsh, and Irish; Injunctions

       Issued Against Seduction; The First Statute of Limitations;

       Personal Government Under Henry VIII; Laws Against Middlemen;

       Final Definitions of Forestalling, Regrating, Engrossing; The

       First Poor Law