Williams, IS;
(2016)
The role of rules: legal maxims in early-modern common law principle and practice.
In: del Mar, M and Lobban, M, (eds.)
Law in theory and history: new essays on a neglected dialogue.
(pp. 188-205).
Hart: Oxford, UK.
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Abstract
This chapter investigates the early-modern theories of maxims in the common law and then compares these to how maxims were used in practice. It focuses on three features of maxims: incontrovertibility; their content and scope; the relationship between maxims and equity. It considers why the theory and practice of maxims differed and why maxims were so prominent in theoretical discussions of the law, but not in practice.
| Type: | Book chapter |
|---|---|
| Title: | The role of rules: legal maxims in early-modern common law principle and practice |
| ISBN-13: | 9781509903870 |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | https://www.bloomsburyprofessional.com/uk/law-in-t... |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher's terms and conditions. |
| Keywords: | Legal history, Legal maxims, Maxims, Christopher St German, Equity |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery-pp.ucl.ac.uk/id/eprint/1476736 |
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