6-Law-History

Manu law

By legend, Manu [-1500] wrote Manu-smriti (Laws of Manu or Institutions of Manu), which defined caste system and punishments. Manu-smriti is one of eighteen smritis of Dharma Sastra (Scriptural Texts of Righteous Conduct).

Hanifeh

He started Islamic law study.

6-Law-History-Chinese Law

Hui Shih

He lived -380 to -300, belonged to Mingjia School of Names, studied rhetoric, and invented paradoxes. Ming-chia or Mingjia School of Names had dialecticians in Warring States period [-475 to -221].

Kung-sun Lung

He lived -320 to -250, belonged to Ming-chia School of Names, studied rhetoric, and invented paradoxes, such as "A white horse is not a horse".

Han Fei Tzu

He lived ? to -233, was Legalist, and studied prestige, laws, and punishments by rulers.

6-Law-History-Egyptian Law

Egyptian law

In myth, the god Thoth gave laws to Egyptians. Egypt had an enatic, matriarchal family system.

Egyptian trade law

Pharaohs negotiated trade and merchant treaties with other rulers.

6-Law-History-Celtic Law

Martia

She recorded Celtic laws. Later, Alfred and Edward the Confessor used these laws.

La Tene

Ireland had 150 kingdoms {tuath}, in five provinces, including Meath. Extended families {fine, family} were main social unit.

Dal

Tribal assemblies {dal} met.

6-Law-History-Jewish Law

Hebrew law

Offending object was object of revenge. Old Testament relates that an ox that gored someone was killed and flesh not eaten.

Clans and families held all land. Every seventh year, it banned agriculture. Every 7 years times 7, 49 years, all leases ended, and all land redistributed.

Slavery increased with increase in agriculture and barter. Every 49 years, slaves became free.

Treaties regulated trade and merchants.

Laws prohibited money lending at interest, outlawed perjury and stealing, and used negligence.

Ezra

During reign of Cyrus the Great, he compiled Mosaic-Law additions by borrowing from Code of Hammurabi. From Babylon, he went back to Jerusalem [-459], taking 5000 Jews with him.

Nehemiah

He was governor of Judea under Persian Empire. During reign of Cyrus the Great, he compiled Mosaic-Law additions by borrowing from Code of Hammurabi.

Sanhedrin began

Sanhedrin was highest legal assembly, with seven learned men chosen from scribes, priests, and great families. Small Sanhedrin had 23 judges and tried criminal cases. These courts usually modified the law's harsh penalties.

Pharisees

Pharisees emphasized separation from heathens, strict law observance, and no violence. They used only written law and oral traditions. In higher schools, teaching method was like Socratic method.

Zealots

Zealots emphasized separation from heathens and strict law observance and used violence to establish state.

Essenes

Essenes advocated law interpretation based on kindness and mercy and favored poverty, self-denial, and self-subordination.

Sadducees

Priests and administrators sided with Greek and Roman administrators. They used only written law.

Hillel I

He lived ? to 20, codified the Mishnah based on rules {seven rules, Hillel}, and founded Beit Hillel or House of Hillel school. Do not do to people what you would not like them to do to you {golden rule, Hillel}.

Herodians

Sadducees wanted to make secular state.

Shammai

He lived ? to 30 and founded Beit Shammai or House of Shammai school, which favored mild restrictions.

6-Law-History-Greek Law

phratry

Before city-states, clans banded together to form brotherhoods {phratry} for religious rites. Councils formed, including priests and family leaders. Assemblies of all adult males formed.

Zaleucus of Locri

He published first Greek law code.

hoplite

Soldiers {hoplite} had armor, helmets, spears, shields, and formations.

Draco

He gave more people right to vote, eliminated personal revenge, published a harsh criminal code prescribing death penalty for most crimes, and set property rights that favored upper class.

Solon lawgiver

He lived -638 to -558 and codified laws that protected peasant lands from merchants, opened assembly to all free men, gave power to assembly, and created Council of the Four Hundred as trial jury [-594].

Demiurgoi selected Solon to reform law and to be dictator and forced eupatrids to approve. Solon declared amnesty, abolished all Draco's laws except for murder, and codified Greek law. Athenians had to take oaths not to alter his laws for 100 years, and his laws held for 50 years.

He established plutocracy. He reordered social classes based on property and taxed them accordingly. Social classes, from highest to lowest, were eligible for fewer and fewer offices.

He kept Council of Areopagus but reduced its powers. He gave assembly {ekklesia} power to elect the nine governors {archon}. He created council {boule, council} of 400 people, one hundred from each Attic tribe, to bring legislation before assembly.

He devalued currency and reduced or eliminated all debts. He freed citizens enslaved through debt and bought back citizens sold to foreigners. He ended making debtors slaves. He limited land owned by one person.

He allowed citizens to indict any person. He allowed citizens to be on juries.

He allowed man who had no sons to make will.

He held state responsible to educate sons of men killed in battle.

He legalized prostitution. He closely regulated behavior of women and conduct in society.

Aeropagus

First city-state assemblies {Aeropagus} included all adult males. In assemblies, nobles and commoners had one vote each. Assemblies declared war, negotiated peace, banished people, and imposed death sentence.

King was leader, and council was priests and family patriarchs. Social classes were rigid. Aliens could not be citizens.

Greek patriarchy

Families were patriarchal. Families had separate houses to ensure privacy of family gods, associated with hearth. Ancestor burial places were sacred.

Private property arose. It recorded titles and leases. Sons got equal land shares. Neutral strips separated fields of different families. No alien owned land. There were many slaves.

In marriage, bride wore white, veil, crown, and gown. Groom had to carry his bride over threshold, against her mock resistance. They ate cake after the wedding to show union.

The Greek goddess Themis controlled moral law and harmony. Her daughters were Dike, for divine law and morality, and Eunomia, for law and order.

Greek traders

Traders developed banking system, had religious corporations, and had trading syndicates and business groups, an idea borrowed from Babylonians.

metic

citizens {metic}.

thesmoi

Priest sacred rituals, customs, and practices {thesmoi} {thesmothetai} became laws {nomoi}, which local committees often revised.

Greek crime

Criminal punishments were milder than in other countries. The state enforced criminal penalties. Greece did not imprison criminals much. In civil cases, victor had to enforce judgment himself.

Greek jury

Each year, lots selected 6000 citizens. Because there were many cases, jury duty was full-time job. Immediately before trial, to prevent bribery, lot selected 500 jurors to form jury {dicastery}. Litigant presented his case or hired orator. Evidence was also in writing. People {compurgator} swore that person was innocent or that plaintiff was right. Law advisors {exegetai} helped jury. Juries did not debate but only voted.

Athens Constitution

Constitution changed often, resulting in less authority, less religion, fewer customs, and new laws and principles for society.

Law of the Hellenes

Greek city-states established war rules. Rules protected prisoners, established method to formally declare war, described arbitration under treaty, forbid poisoning weapons, prohibited temple and embassy ransacking, established ambassador privileges, and established right of asylum.

Achaean League

League joined city-states.

Aeolian League

League joined city-states.

6-Law-History-Roman Law

Curial Assembly

Curia family groups began. A family-leader assembly {Curial Assembly} formed, in which curias had one vote. Curial Assembly witnessed wills and adoptions and formally gave imperium to officials but was not important in Roman Republic.

plebs

A plebian citizen assembly {plebs} voted on private laws.

pontifice

Priests {pontifice} used rituals for proceedings and kept forms and rites secret. Priests conducted trials, and involved people consulted priests.

Roman tribe

Roman territory had districts {tribe, Rome}. Property-owning citizens were in one tribe. Citizens who did not own property were not in tribe. Later, tribe membership became hereditary.

proconsul magustrate

Magistrates {proconsul} {propraetorin} ruled provinces.

Senate of Rome began

Senate had 300 members elected for life, approved legislation passed by popular assemblies, and called emergencies. It controlled finances, religion, building, foreign affairs, law between cities, and law of aliens. It advised magistrates on bills that they presented for judgment. It extended magistrate terms. It appointed proconsuls to rule provinces.

Decemviri

Twelve Tables included criminal, contract, tort, family, wills, succession, property, and sacred law. It had legal-action and court-procedure rules {procedural law}. It had laws {substantive law} about rights and justice. It included enforcement procedures, public punishments, and harsh liability penalties.

It prohibited private revenge, allowed immediate seizure by wronged person of claimed object or person, and fixed tariffs for injuries.

It distinguished willful from accidental homicide.

It limited interest rates, gave debtors harsh penalties, defined debtor's liabilities, and gave grace period to debtors.

It prohibited excessive funerals and excessive bequests.

lex Canuleia

Laws allowed connubium between patrician and plebian.

Centurial Assembly began

Soldiers organized into 100-men centuries. The soldier assembly met only when called by tribune. Centuries cast one vote. Centurial Assembly selected magistrates, judged murder and treason cases, and declared war, in response to Senate proposals. After overthrow of kings, Centurial Assembly gained power as Curial Assembly lost power. Over time, plebians gained entrance into Centurial Assembly.

Licinius Sextius

Laws required at least one consul to be plebian.

Tribal Assembly formed

Tribal assembly formed but met only when called by tribune.

Tribal Assembly elections

Tribal Assembly began to elect lower ranking officials. Landless people and new citizens were in the four original urban tribes.

Flavius G

He published the oral court-action forms, which priests {pontifex} had kept secret before, but which were already public knowledge.

Roman lawyers

The senatorial class began to offer free legal advice, supplanting priests. They gave evaluated case merits before cases went to praetors, suggested which formal oral proceeding to use, and served on praetor advisory councils.

Hortensius

Laws passed by the plebian Assembly became binding on all citizens.

Senate veto

Senate lost right to veto laws passed by Assembly.

lex Aquilia

Laws defined claims of masters against harmers of their slaves or animals.

Roman law teachers

Roman lawyers taught their apprentices law.

Roman praetor

Senate elected a praetor to judge citizens and a second praetor to judge cases involving aliens.

Centurial Assembly new

35 tribes had one old and one young century, in five classes, making 350 centuries. Centurial assembly elected consuls, praetors, and censors and voted on bills proposed by consuls. It met when consuls summoned it.

Cato Censorius M

He lived -234 to -149 and was Tribune [-214] and Censor [-185]. His son was Marcus Porcius Cato Licinianus, who wrote De iuris disciplina.

Papirius S

He collected Roman traditional laws {leges regiae}.

Tribal Assembly law

Tribal Assembly became more powerful than Centurial Assembly. Controlled by patricians, it met only when called by tribune. It established laws {maiestas} and rejected bills presented by officials.

Catus

He was Curule Aedile [-200], Consul [-198], and Censor [-194].

ius civile began

Civil-law code began.

ius praetorium

Civil law developed.

Manilius M

He was Proconsul [-155 to -154] and Consul [-148] and invented Roman sales contracts.

lex Aebutia

Laws allowed standard forms of presenting cases to trial judges for all cases, gradually ending legis actiones. Legal cases used written statements, containing facts, legal questions, and basis on which judge should decide.

Brutus M

He was Praetor [-142].

Scaevola P

He lived ? to -113 and was Tribune [-141] and Consul [-133].

Scaevola QM

He lived ? to -88, was Publius Mucius Scaevola's son, systematized Roman law, and taught Cicero. He was tribune [-106], aedile [-104], and consul [-95], when, with Licinius Crassus, Lex Licinia Mucia denied Roman citizenship to some people in Italy, later causing Social War. He was governor of Asia, publishing edict for provincial administration. He was pontifex maximus.

Roman provinces

Senate elected praetors to govern newly conquered provinces.

Roman quaestors

Twenty quaestors assisted consuls.

tribunes increased

Tribe leaders increased to ten.

praetorian edict began

Praetors had to use standard format for edict {praetorian edict, praetor}.

Rufus S

He lived ? to -43 and used dialectical method in law. He was Praetor [-65] and Consul [-51].

Ofilius A

He was Rufus' student.

Tubero Q

He tried to prosecute Quintus Ligarius [-46] for co-operation with Juba.

Varus P

He was Consul Suffectus [-39] and Rufus' student. He confiscated land for veterans, and he aided Virgil [-41].

Testa G

He advised Augustus about informal codicil.

Labeo M

He lived -50 to 22 and provided the ideas of Proculian School of Roman law.

lex Iulia

Lex Aebutia became mandatory, ending formal oral proceedings.

ius bellicum

War rules developed.

ius fetiale

Rome codified formal war declarations.

ius gentium began

Laws governed conquered states and later all states.

Capito G

He lived ? to 22, was consul [5], and provided the ideas of Sabinian or Cassian School.

Augustus law

He lived -63 to 14. Julian laws were new family laws.

Proculus S

He lived -12 to 66, was Labeo's student, and founded Proculian School, which gave Roman-law interpretations for next 200 years.

Sabinus M

He was Capito's student and founded Sabinian or Cassian School, which gave Roman-law interpretations for next 200 years.

Longinus G

He was Capito's student.

Pisonian conspiracy

Piso wanted to assassinate Nero [65].

Priscus L

He lived ? to 117, was of later Proculian School, and was Consul Suffectus [97].

legal opinions

Emperor gave right to give legal opinions to persons and then decreed opinions to be law.

Celsus P

He was of later Proculian School, was Middle Platonist, was praetor [106 or 107] and consul [129].

Priscus G

He lived 43 to ?, was Consul Suffectus [97], and taught Emperor Julian about Roman law.

Pomponius S

He compiled laws and wrote history of Roman law.

Julian law

He was Sabinian School leader. Hadrian appointed him to codify Roman law. He prepared Hadrian's edict (Perpetual Edict), settling the praetorian law, including law of equity.

Roman law schools end

Roman law schools of Albeo and Capito ended with Emperor Hadrian's death.

Scaevola QC

He taught his student Papinian about Roman law.

Marcellus U

He lived 138 to 180 and studied Roman law. He was not Lucius Ulpius Marcellus.

Papinian

He lived ? to 212, was Scaevola's student, and looked for the principle and moral rule in law. He became Master of Petitions (Magister Libellorum) [193 to 211], whom commoners petitioned to be equites or to gain other duties. He later became General of the Guard (Praefectus Praetorii), assistant to emperor Severus.

Julius Paulus

He wrote commentary on Perpetual Edict and analyzed Roman law logically.

Ulpian law

He lived ? to 228, was prefect [222], and wrote a Perpetual-Edict commentary and a Roman-law summary.

Roman Empire officials

Roman law scholars had to be officials.

Cyrillus

He formed official law school to study classical authors' Roman-law opinions.

Roman official law school

Official law school formed in Rome to study classical authors' Roman-law opinions.

Papinian Paulus Ulpian

Cardinal Angelo Mai discovered them in Vatican [1821].

Charisius A

He wrote about Roman law.

Gregorius

He was magister libellorum under Diocletian [285 to 290].

Hermogenianus

It associates with slightly earlier Codex Gregorianus.

Beyrouth School

School included Patricius, Demosthenes, Eudoxius, Amblichus, and Leontius.

Sentences of Paulus

Visigoths used it.

Ulpiani Regularum

Ulpian lived 160 to 228.

Roman and Mosaic

It tried to show where they agreed.

Constantinople law school

School formed to study classical authors' Roman-law opinions.

Tribonianus

He lived ? to 545 and headed commission of 17 professors of the two official Eastern law schools to edit the many Roman-law commentaries. He was Justinian's quaestor sacri palatii. After five years, with nine others under appointment from Justinian, he codified law [529 to 534], based on Roman law.

Stephanus Dorotheus

They copied, translated, or commented on Code of Justinian, but emperor banned them from pointing out Roman-law contradictions.

6-Law-History-Feudal Law

chivalry law

Personal conduct rules {chivalry}| developed.

droit de seigneur

The legendary right of lord to spend the first night with new bride {droit de seigneur} probably was never reality.

Feudal manor courts

Manor fief courts were for local civil and criminal law but not for Church law.

Feudal marriage

The lord of the manor selected husbands for his female heirs {Feudal marriage}, was ward of infant heirs, and got land if tenants had no heirs.

primogeniture began

First-born son inherited all deceased-father's real property {primogeniture, custom}|.

right of aid

Tenants contributed to pay lord's ransom, knight his son, or marry his daughter {aid right} {right of aid}|.

right of relief

In first year, tenants gave lord one-year's income {relief right} {right of relief}|.

territoriality in law

People were always under laws of where they were {territoriality, law}|, not of tribe or land of origin.

6-Law-History-German Law

law-speaker

Clan lawmen {law-speaker} knew oral law, advised at trials, and supervised trials.

personal law

German tribe members were always under tribe's law {personal law}. If two people from different tribes disputed, they used laws of tribe of person with dominant interest.

dowry

Marriage required a money gift {dowry}|.

Leges Barbarorum

German law, collected by Romans, was mainly criminal law, with some tort law and few procedures. German law used principle of "an eye for an eye" {Wergild}. Family or clan exacted revenge, not individual. Most trials were about torts. Disputants themselves did pleadings. For accidental injury, offender paid injured person. German law did not recognize private real property. With no commercial laws, visiting traders needed patron's protection. Marriage was sacred and was mostly monogamous. Marriage required a money dowry and gift exchange.

Thing or Ting

German clan assemblies began.

corps Germany

University students organized into groups {corps, law}.

Repgow R

German common law was not Saxon but Roman law.

Zeiller

Martini lived 1726 to 1800. Zeiller lived 1751 to 1828. Maria Theresa of Holy Roman Empire asked for code of private law based on Roman law [1753]. Codex Theresianus [1866] was long and ambiguous.

Mittermaier K

He lived 1787 to 1867. His writings about criminal procedure resulted in German-law reforms.

6-Law-History-Canon Law

Catholic jurists

Catholic jurists used both ius gentium and canon law and applied moral standards to international law. Catholic Church, Charlemagne, and subsequent kings supported them.

Gratian

He was Benedictine monk and codified canon law at Bologna University.

Bernard of Pavia

He wrote about papal decretals from Gregory IX [1150 to 1227] to Clement III [1187 to 1191].

Collivacinus P

He wrote about papal decretals from the first twelve years of Innocent III [1198 to 1210].

Walensis J

He wrote about papal decretals from Clement III and Celestine III [1191 to 1198].

Decretals

Papal decretals came from Innocent III [1210 to 1215].

Honorius III

He wrote about other papal decretals.

Inquisition began

Inquisition under Pope Innocent III started against Albigenses sect in south France.

Decretum of Gratian

Gratian taught canon law at University of Bologna and wrote canon law book [1140].

Council of Constance

Council ended Great Schism of Catholic Church. However, simony, indulgences, corruption, non-celibacy, poorly educated lower clergy, and emphasis on power and money continued.

Spanish Inquisition began

Inquisition started under Tomas de Torquemada. He enforced Catholic orthodoxy and censored books and art. Spain threw out Jews and Moors.

Lateran Council

Lateran Council under Pope Leo X (Giovanni de Medici) failed to approve reform.

Inquisition Italy ended

Inquisition ended in Naples.

Inquisition Holy Office

Inquisition moved to Holy Office, which decided faith, orthodoxy, and censorship matters.

First Council of Trent

Under Pope Paul IV, it reformed canon law, reformed church practices, and reorganized church. It condemned Pelagianism as heresy.

Second Council of Trent

Under Pope Julius III, it reformed Roman Catholic practices.

Index inquisition

Inquisition listed banned books.

Third Council of Trent

Cardinal Charles Borromeo and Pope Pius IV reopened Council of Trent, which reformed clerical life and education and led Catholic Counter-Reformation.

Corpus Juris Canonici

It included Decree of Gratian [1141 to 1150], Decretals of Pope Gregory IX [1234], Sext, Clementines, Extravagants of John XXII, Common Extravagants, and Liber Sextus (Sixth Book) of Boniface VIII.

Spanish Inquisition ended

Spanish Inquisition ended in Spain.

Vatican Council

Council stated that Pope was infallible on Roman Catholic Church matters.

Benedict XIV

He lived 1675 to 1758.

Codex Juris Canonici

Law, under Pope Benedict XV, replaced Corpus Juris Canonici [1582] of Pope Gregory XIII.

6-Law-History-European Law

Edict of Milan

Constantine the Great established Christianity in Roman Empire by ensuring religious tolerance.

Irnerius

He lived 1055 to 1130 and founded law school at Bologna [1088]. He studied Justinian Code, Institutes, and Digest and taught Martinus, Bulgarus, Iacobus, and Hugo.

Lombard law schools

University of Bologna began [1088]. University of Padua began [1222]. Duke Ferdinando [1589 to 1626] ruled Mantua [1613 to 1626] and founded University of Mantua [1626].

Four Doctors

Bulgarus, Martinus Gosia, Jacobus de Boragine or Iacobus, and Hugo de Porta Ravennate recreated Roman law and were pupils of Irnerius.

Jacobus

He was one of the Four Doctors, who recreated Roman law.

Italian law schools 1

Students, who paid teachers directly and so controlled them, ran law schools. Students organized into groups {nation, student}, which fought each other and flouted civil law. Gradually, university authorities stated curricula and awarded degrees: bachelor, licentiate or masters, and doctorate.

Bulgarus

He lived ? to 1166 and was one of the Four Doctors, at University of Bologna law school or School of the Gloss-writers, who recreated Roman law. He was at diet of Roncaglia [1158].

Martinus

He lived 1100 to 1166 and was one of the Four Doctors, who recreated Roman law. Martinus led a school about equity of the purse {aequitas bursalis}.

Hugo de Porta Ravennate

He lived ? to 1194 and was one of the Four Doctors, who recreated Roman law.

Azo A

He lived 1150 to 1230 and was Glossator.

Golden Bull

Andrew II of Hungary proclaimed Golden Bull to check nobles.

Accursius F

He lived 1182 to 1260, was Azo's student, and was Glossator.

Glossators

Glossators studied Justinian laws and taught law but typically did not relate law to contemporary life.

Cortes of Leiria

Alfonso III of Portugal convened Cortes of Leiria, first legislature to have commoners.

Alfonso the Wise

He lived 1221 to 1284 and was king of Castile and Leon [1252 to 1284].

Postglossators

Commentators combined Roman law, canon law, and Italian-city statutes. They theorized about conflict of laws. They applied Roman law to municipal, canon, feudal, customary, commercial, and criminal law cases.

Bartolus de Saxoferrato

He lived 1313 to 1357 and was Commentator. Laws of place in which action happened govern actions {territoriality, Bartolus de Saxoferrato}.

Baldus de Ubaldis P

He lived 1327 to 1406, was of the Baldeschi, and was Commentator.

Italian law schools 2

Law schools began historical law study.

Aix-en-Provence university

Aix-en-Provence is in southeast France.

French judges

Judges heard rational arguments and evaluated evidence presented by trained advocates.

Bodin J

He lived 1530 to 1596 and belonged to Politiques. Family is basis of society. State is about material, not spiritual, things. State requires absolute sovereignty to prevent civil war.

French customary laws

French customary laws and canon law used Roman laws of contracts, property, wills, successions, domestic relations, and judicial procedures.

Pothier R

He lived 1699 to 1772 and combined Roman law, customary law, and natural law.

Bonesana C

He lived 1738 to 1794. Punishment should fit crime's seriousness and should exact vengeance. Judiciary should be separate from legislature.

French Constitution

Constitution included Declaration of the Rights of Man. It blocked Mirabeau's plan to have constitutional monarchy, and king fled. After capture, he accepted constitution [1791].

Codes of Prussia

Codes of Prussia depended on natural law.

Cambaceres J

He lived 1753 to 1824 and helped make Code Napoleon [1804] about private law.

Code Napoleon

Code Napoleon has Civil Code, Criminal Code, Civil Procedure, and Criminal Procedure and is basis of Continental law.

Codes of France

Codes of France depended on natural law.

Codes of Austria

Austrian law code depended on natural law.

Savoy-Piedmont

Constitution modified kingdom.

Tuscany constitution

Constitution modified kingdom.

Austria constitution

Austria wrote constitution after revolt in Vienna. In October, Windischgratz ended revolt in Vienna.

6-Law-History-English Law

Brehon Laws

Druid priests were also judges {brehon}. People shamed others into going to Druid judges. Edward III of England abolished Brehon Laws [1350].

tithing clan

Clans declined. Clan-member rights became individual rights. Germanic clan assembly {folkmoot} disappeared. Families divided into hundreds and tens {tithing}.

English codes

England law codes were mostly about torts and criminal law.

English county courts

County courts tried difficult cases, with churchmen presiding. Local courts were formal and compurgators were typically the only witnesses. Petty cases had trials within families.

English land law

Land was held individually, with some feudalism.

Witan

As clans decreased, a council {Witan} {Witenagemot} of Anglo-Saxon lords {thegn} replaced older folkmoot German clan assemblies.

servientes Regis

Law profession {servientes Regis ad Legem} began.

English kings

They gained right to make laws.

common law began

Crown court judges developed law, which identified and validated customs and practices and which differed among geographic areas and social classes.

English crown courts

Crown courts used traveling judges {missi, judge}, and county courts decreased [1164]. Most crimes "broke the king's peace" and so justified crown courts. In crown courts, lawyers talked to judge while jurors listened. They had no witnesses. Lawyers gave no summations.

grand jury began

Grand juries started when citizens investigated crimes and charged persons. Petit juries judged trials. Jurors found facts by any agreed method. Verdicts had to be unanimous. If jurors did not reach unanimous verdict, court appointed more jurors until twelve agreed. If jury had decided wrongly, court penalized jurors strongly. After wrong decision, 24 knights heard case.

Glanville R

He lived ? to 1190, was Chief Justiciar of England under Richard I [1172], and wrote about written appeals {writ, appeal} to crown courts.

chancery England

Before Edward I, king granted authority to Chancellor and Chancellor's court. The chancellor or chancery court required defendant or petitioner to provide equity.

king's court

Before Edward I, Court of Common Pleas heard common law cases at Westminster. Court of the King's Bench {king's court} heard civil and criminal cases. Court of the Barons of the Exchequer heard cases about king's finances. In shires, knights appointed by king, called Conservators of the Peace, presided over national courts.

equity law

People can petition king or his chancellor for justice {equity law}, even without existing law. England published chancery-court equity decisions {law of equity}, which used Roman and canon law. Chancery law and equity law rectified unjust common laws.

king's conscience

King had right to make law and to right wrong {king's conscience}.

Parliament reorganized

Before Edward I, Parliament had only barons and churchmen and had only right to refuse money to king.

Bracton H

He lived 1210 to 1268 and relied on common-law precedents. He said that people can petition king, who must act justly.

Model Parliament

King Edward I assembled clergymen and aristocrats but also added others.

deodand

People no longer used objects that had contributed to injury {deodand}.

habeas corpus began

Leaders presented written causes to hold people, to courts.

Inns of Court

Lawyer guilds began. Apprentices learned English law in mock trials. Inns had Handbooks of English law. There have been up to 14 Inns of Court, but now are four: Lincoln's Inn, Gray's Inn, Inner Temple, and Middle Temple.

writ of prohibition

Chancery courts no longer forced new trial. Appeals asking for second trial by 24 knights ended.

Church and crown courts competed for jurisdiction. Clergy tried to keep right {benefit of clergy} to use church courts to settle disputes. Lay courts issued decrees {writ of prohibition} to stop church courts from taking over jurisdiction. Crown courts began to hear cases submitted by written complaints {complaint, writ} {writ of complaint}, which stated complaint, plaintiff, and defendant. Writ use increased, and trial by combat and trial by ordeal decreased.

Assizes county courts heard cases not heard by crown courts.

Fortescue J

He lived 1394 to 1476 and was Chief Justice [1442 to 1461].

Littleton T

He lived 1422 to 1481 and was judge at Court of Common Pleas [1466].

English written pleadings

Courts began to use English for written pleadings, which later became more formal and accurate.

Rule against Perpetuities

Act ended perpetual land ownership.

Statute of Uses

Act prohibited land use without land title. Chancery then allowed land trusts.

Statute of Wills

Act allowed land disposition by will.

law merchant

England established commercial law {law merchant}.

Plowden E

He lived 1518 to 1585.

Coke E

He lived 1552 to 1644. He defended common law in Shelley's case, became Solicitor General of the Realm [1592], entered Parliament [1593], became Attorney General [1594], and later became Parliament Speaker. He became Chief Justice of Court of Common Pleas, the highest possible judge office, and became Chief Justice of the King's Bench under King James [1613 to 1616]. He refused to stay an action for the king, because it was against the law, and the king suspended him from Privy Council and then discharged him from office. He rejoined Privy Council [1617] and then entered Parliament again. He fought for constitutional rights and upheld Parliament against king [1620]. He became Baron Veculam and then Viscount St. Albans.

In Fuller case, he won common law courts right to issue prohibition writs. He blocked King James I from changing law, establishing that only Parliament was able to change law. He blocked King James's proclamation to stop using grain for starch, because Parliament had not proclaimed it. He worked against monopolies. He defended common law or civil law. He wrote about bail, mainprize, and copyhold estate.

He was always at legal and personal odds with Francis Bacon.

Psychology

Insane people do not know what they do and cannot have criminal intent. Insanity is not a defense if people know right from wrong {right-wrong test}. Drunkards, idiots, or fools can be insane at the time [1604].

Poynings E

He lived 1459 to 1521. Poynings' Law gave all legislation for Ireland to England.

English jury

Juries judged after hearing evidence and used evidence rules, including prohibiting hearsay evidence and indirect knowledge.

free speech

James I granted right of free speech to Parliament.

Darnell case

It tested right to habeas-corpus writ and decreased this right.

Selden J

He lived 1584 to 1654, helped draft Petition of Right, tried to block royal authority, and was against freedom of seas.

Petition of Right

Initiated by Edward Coke, a law {Petition of Right} stated that taxes, imprisonment, and quartering of soldiers in homes needed due cause or Parliament consent. It did not allow billetry. It said that people had right to habeas-corpus writ. It stated that imprisonment required cause and opportunity to answer charge. It required Parliament consent to order anyone to pay money to state. It gave Parliament right of free speech. It reduced martial law punishments.

Zouche R

He lived 1590 to 1661. He discussed laws between nations {ius inter gentes} based on actual legal practices and founded positivist or historical school of international law.

House of Commons

House of Lords and House of Commons formed during Stuart Restoration.

Test Act

Act imposed laws on Irish Catholics.

Habeas Corpus Amendment

Act increased right to habeas-corpus writ.

Holt J law

He lived 1642 to 1710. As Chief Justice [1681 to 1710], he added bailment law to English law, from Continental law.

English judges

After Revolution, judges held office for life, as long as they maintained good conduct.

Act of Settlement

Act tried to stop Jacobites from making Stuart Catholic king. It designated Protestant Hanover king and limited king's power. It imposed laws on Irish Catholics.

Blackstone W

He lived 1723 to 1780, was conservative aristocrat, opposed American freedom, and was protégé of Mansfield.

Intolerable Acts 1

Intolerable Acts passed by English Parliament levied more taxes in American colonies.

Mansfield W

He lived 1705 to 1793 and established modern English commercial law, using Roman and customary law. He was Chief Justice [1756 to 1788] and opposed American freedom.

English voting

Only male property holders voted, so only one person in 30 voted.

Poor Laws

They regulated prices and fixed wages. All people had to work. They established houses of correction for people that refused to work. Poor houses for disabled began.

Intolerable Acts 2

Intolerable Acts passed by English Parliament reduced freedom in Massachusetts.

Burke E

He lived 1729 to 1797 and was conservative Whig. He believed in maintaining current institutions and social customs, deciding on evidence not theory, and being skeptical. He exposed East India Company injustices in India, during Hastings trial. He opposed French-Revolution Jacobites. He tried to improve policies about America and wanted to free Ireland. He wanted to free House of Commons from King George III.

Politics

Political power is to preserve order. Society coheres through habit, emotional bonds, conventions, loyalty, communal feeling, and tradition {conservatism, Burke}, not by reason, rights, or law. Institutions can reform by small steps, keeping essence, rather than change too much or quickly.

People should be dutiful, loyal to traditions, bound by social relations, and fitted into roles. Moral tradition is more important than rational morality. Individuals should be free and independent, to judge and choose for best advantage and to be responsible for their families. Human nature causes inequalities in society, but justice must prevail.

Government should use power legally. Government should only maintain security and order, because it often abuses power. Bureaucracy and interference reduce human energies. Institutions should fit culture. Institutions should be free and independent. Changes should be slow and subject to change, because human frailty can make everything worse.

bankruptcy England

New bankruptcy laws began.

divorce laws

New divorce laws and new rights for married women began.

English death penalty

It reduced number of crimes carrying death penalty.

property in England

Real-property law reform began.

Irish Parliament

Henry Grattan led legislature.

Stowell

He lived 1745 to 1836 and was High Court of the Admiralty judge [1798 to 1827].

In Dalrymple case, he decided that law of marriage location, not court location, decided validity.

He determined legality of capturing prize vessels at sea.

Domicile in peace is not necessarily the same as domicile in war. In war, neutral persons can be enemies. During war, citizen in enemy country is enemy.

Act of Union Ireland

England and Scotland union added Ireland, by Act of Union, after Wolf Tone of Ireland rebelled.

Slave Trade Act

Wilburforce's efforts ended slave trading in British Empire.

Emancipation Act

Donald O'Connell in Ireland and Robert Peel in England led agreement that allowed Catholics in Britain and Ireland to be free and repealed Test Act.

Catholic Emancipation Act

Duke of Wellington, Prime Minister, passed it.

Austin J law

He lived 1790 to 1859 and founded science of law in England. Laws are sovereign's commands, with threat of punishment. Subjects must obey. Permission from sovereign or obligation cancellation grants rights.

Great Reform Act

Act increased voters by 50%.

Slavery Act

Britain ended slavery in empire.

Corn Law Repeal

Act repealed Corn Laws, allowing free trade.

Reform Laws

Laws gave right to vote to all citizens. Lord Shaftesbury introduced laws to stop women and children from working in coal mines, to have ten-hour workdays, and to create insane asylums.

Civil Service began

Britain's Civil Service formed.

Maine H

He lived 1822 to 1888 and studied change from status system to contract system.

Reform Act

Act changed Penal Laws.

Land Act 1

Act resolved some Irish Land Question problems. Charles Parnell and Michael Davitt led Home Rule party in Parliament and encouraged violence in Ireland.

Judicature Acts

Laws joined common law and equity.

common law courts

Courts used equity, so equity prevailed over common law.

Land Act 2

Act gave Irish farmers good rent, fixed tenure, and land-sale control.

First Home Rule Bill

Ireland had home rule.

Second Home Rule Bill

Ireland gained increased home rule from England.

Wyndham Act

Act allowed land purchases by tenants.

Amended Land Purchase Act

Act allowed land purchases by tenants.

Third Home Rule Bill

Ireland gained increased home rule.

Balfour Declaration

Act pledged to form Jewish state in Palestine. 100,000 Jews then lived in Palestine.

Fourth Home Rule Bill

Northern Ireland became part of Great Britain.

England nationalization

England nationalized many industries under Labor Party.

diminished responsibility

Currently, English law allows defense of lower accountability {diminished responsibility}| for crime. Accused was not in control of his mind and so was not responsible for his or her physical acts. Diminished responsibility includes irresistible impulses and mental states different from those of ordinary human beings. Defense must prove diminished responsibility. Successful defense requires verdict of culpable homicide, instead of murder.

6-Law-History-American Law

colonial law

English common law and equity combined in colonial law and later in state law.

Mayflower Compact

Agreement among Pilgrims set up government. Pilgrims were Separatists from Church of England that had left England to come to Plymouth Colony in New England.

House of Burgesses

First American legislature started in Virginia.

Cotton J

He lived 1595 to 1652 and wrote about theocratic government by religious leaders.

Hooker Haynes Ludlow

They published the Fundamental Orders constitution. Thomas Hooker lived 1586 to 1647. John Haynes lived 1594 to 1654. Roger Ludlow lived 1590 to 1664. All were from England.

Ward N

He lived 1578 to 1652. Puritans used his ideas in law codes.

Harrington J

He lived 1611 to 1677.

Wise J

He lived 1652 to 1725, wrote about democracy, and resisted English tax collectors.

Molasses Act

Molasses Act passed by English Parliament placed duties on rum and molasses in American colonies, but England did not enforce it.

Billeting law

Law passed by English Parliament allowed troop billeting in homes in American colonies.

Henry P

He lived 1736 to 1799. In Maury case [1750], he successfully defended merchants against tobacco tax, which supported Anglican clergy. Virginia House of Burgesses had replaced tobacco tax with cash payment, but king vetoed payment. In 1765, he entered House of Burgesses and became leader. He said [1776], "Give me liberty or give me death." From 1789, he worked for Bill of Rights.

Albany Congress

Benjamin Franklin suggested that colonies unite {Plan of Union} to fight American Indians.

Otis Ja

He lived 1725 to 1783 and claimed that Americans were British citizens, that Parliament must conform to Constitution, and that taxation required representation. From 1761 to 1769, he led colonies until severe head injury. He tried to defend merchants from general search warrants {assistance, writ} {writ of assistance}.

Townshend Acts

Laws passed by English Parliament put customs duties on imports into American colonies.

First Continental Congress

First Continental Congress stated colony grievances against England, declared basic personal rights, and approved resolutions to alter commerce with England.

Second Continental Congress

Congress met throughout Revolutionary War, printed worthless money, and borrowed heavily.

Independence Declaration

USA declared independence from Britain on July 2. Thomas Jefferson wrote Declaration, with Benjamin Franklin's help. John Hancock, Second Continental Congress president, signed his name in large letters.

Articles of Confederation

Thomas Paine, Thomas Jefferson, James Madison, and Alexander Hamilton drafted Articles of Confederation, which Second Continental Congress adopted [1777]. Colonies ratified the Articles [1781]. States were sovereign. State legislatures selected and paid for delegates to Congress. In Congress, states had one vote each, and passing laws required nine votes. Federal government had no taxing power and no executive.

Madison Hamilton Jay

Madison lived 1751 to 1836. Hamilton lived 1755 to 1804. Jay lived 1745 to 1829. They wrote to gain support to ratify new Constitution.

Indian Reservation

First reservation created.

Annapolis conference

Maryland and Virginia discussed waterway rights and invited other states to send delegates to Annapolis. Five states came. Delegates called for constitutional convention in Philadelphia.

Patterson W

He lived 1745 to 1806 and proposed New Jersey Plan for constitution at Constitutional Convention, which was similar to Articles of Confederation, but senators and executives had life terms, like limited elected monarchy.

Randolph E

He lived 1753 to 1813 and proposed Virginia Plan for constitution at Constitutional Convention. Bicameral legislature has two parts. Executive or judiciary can veto state laws that violate Constitution.

Constitutional Convention

Madison, Franklin, and Washington led Constitutional Convention. Washington presided. Madison wrote the mostly adopted Virginia Plan. Paterson wrote New Jersey Plan. Madison was chief Bill of Rights writer and supporter and wrote Virginia Resolution for states' rights. James Monroe was against Federalists.

Ellsworth O

He lived 1745 to 1807. First Congress required one Chief Justice and five Associate Justices for Supreme Court. Supreme Court was to try cases involving state relations, ambassadors, ministers, and consuls and to hear appeals from lower courts. President appointed judges, with Senate's consent. Judges had life terms. Only trial in Senate, needing two-thirds majority, can remove judge {impeachment, judge}. Judiciary Act also established fifteen District Courts and two Circuit Courts, which were higher than District Courts but lower than Supreme Court. He lived 1745 to 1807 and became USA Supreme Court Chief Justice [1796 to 1800] after John Jay resigned to run for Governor of New York. He resigned in 1800.

USA Constitution

The states ratified Constitution, Delaware first.

Jay J

He lived 1745 to 1829 and was first USA Supreme Court Chief Justice. He signed Jay's Treaty [1791] between USA and Britain over freedom of navigation, trade restrictions in West Indies, and evacuation of British Northwest forts, but it did not stop naval impressment. He resigned to run for Governor of New York [1791].

Supreme Court 1

First Supreme Court favored strong central government and judicial review of legislation, which is not in Constitution.

Chisholm Georgia

Case allowed citizen of one state to sue another state in Supreme Court.

Fugitive Slave Act

Act required federal agents to recapture runaway slaves. Northern states that had passed personal liberty laws did not enforce it.

Taylor Jo

He lived 1753 to 1824, had same ideas as Jefferson, and believed in farming communities with no aristocracy.

Marshall Jo

He lived 1755 to 1835, was at Constitutional Convention, defended Jay Treaty, went on X.Y.Z. mission to France [1797], entered Congress, became Secretary of State [1800], and was USA Supreme Court Chief Justice [1801 to 1820]. He increased Supreme Court power by insisting on its right to judge constitutionality of all laws. He allowed expansion of federal powers in opposition to states' rights. He did not like Thomas Jefferson or his ideas and interpreted federal government power broadly.

bankruptcy USA

USA allowed bankruptcy.

corporation began

USA allowed corporations.

property law USA 1

USA reformed property and estate laws.

mandamus

Act allowed Supreme Court to issue writs {mandamus} ordering officials to do legal acts.

Marbury Madison

In case of Marbury vs. Madison, Chief Justice John Marshall held that courts could not issue writs ordering officials to do legal acts, because it was unconstitutional. This was the first case in which USA Supreme Court ruled on law constitutionality. Dred Scott case was the next.

Supreme Court 2

Number of judges on USA Supreme Court increased from six to seven.

voting law 1

Maryland gave vote to all male adults. New York and Massachusetts soon followed.

Fletcher Peck

John Marshall, USA Supreme Court Chief Justice, declared a Georgia-legislature act unconstitutional. This was the first case in which USA Supreme Court ruled on state-law constitutionality.

Kent J

He lived 1763 to 1847, was conservative Chancellor of New York State, and founded American equity system.

Webster D

He lived 1782 to 1852, believed in Alexander Hamilton's ideas, was Whig, and argued Dartmouth College case about contracts and McCulloch vs. Maryland case about states' rights. He backed Compromise of 1850 to preserve union.

Dartmouth Woodward

John Marshall, USA Supreme Court Chief Justice, declared New-Hampshire act that altered Dartmouth's charter unconstitutional, because it changed contract.

McCulloch Maryland

John Marshall, USA Supreme Court Chief Justice, declared Maryland had no right to tax notes of National-Bank Baltimore branch or to tax federal government parts. He asserted that Congress had right to establish National Bank [created 1791]. This decision curbed states' rights and limited state sovereignty.

Pan-Americanism

Henry Clay promulgated act.

Clay H

He lived 1797 to 1852 and believed in Alexander Hamilton's ideas. He favored strong central government, high tariffs for business protection, Bank of USA, Missouri Compromise, and Compromise of 1850.

Missouri Compromise

Act established slave and free areas, admitted Missouri and Maine to union, allowed both slave and free states to enter Union, and opened Utah Territory and New Mexico Territory to slavery.

Monroe Doctrine

USA did not allow Europe to conquer or make colonies in Americas [1823]. Act prohibited foreign intervention in Americas [1826], but USA expanded into South America, causing resentment.

Gibbons Ogden

John Marshall, USA Supreme Court Chief Justice, established that the federal government had exclusive, not just concurrent, power to regulate interstate commerce and that states can only regulate interstate commerce under federal law.

Brown Maryland

John Marshall, USA Supreme Court Chief Justice, declared that Maryland not tax goods in state that held by importer just as received, because interstate commerce was under federal control.

New York code

New York State codified laws. Most states then adopted law codes.

Leiber F

He lived 1800 to 1872 and established war rules for USA Civil War.

income tax began

Income taxes began in some states.

Indian Removal Act

Cherokee and four other tribes had to move from east to Indian Territory in Oklahoma.

Cherokee Georgia

Supreme Court denied right of American natives to sue states or set up nations.

debt

Congress ended imprisonment for debt.

Worchester Georgia

Supreme Court allowed American natives to use their own law and land.

Calhoun J

He lived 1782 to 1850 and believed in balanced powers and states' rights. In a tariff case {tariff of abominations}, he supported state right to declare federal law unconstitutional {nullification, Calhoun}. Vice-president and senator championed states' rights of veto and secession.

Story J

He lived 1779 to 1845 and wrote about bailments [1832], equity jurisprudence [1835 to 1836], equity pleadings [1838], agency [1839], partnership [1841], bills of exchange [1843], and promissory notes [1845].

Taney R

He lived 1777 to 1864 and became USA Supreme Court Chief Justice [1836 to 1864].

Supreme Court 3

Number of judges increased from seven to nine.

Ray I

He lived 1807 to 1881 and developed Doe-Ray insanity tests. Insanity is a fact for juries to decide.

M'Naghten Rules

Judges of House of Lords allowed defense of insanity against responsibility for crime [1843]. Insanity is mental disease that causes defect of reason, which causes defendant either not to know act's nature and quality or to know what he was doing but not that it was wrong.

Admiralty Law

Admiralty Law changed to include all navigable water. Federal jurisdiction extended to all tidal waters.

commerce

Public interest laws regulating railroads, canals, and banks began.

judges

Judicial terms shortened. People elected judges, rather than having appointed judges.

property law USA 2

Women received more property rights.

normal school began

States began to pay for public education and trained teachers in special schools.

reformatories

Reformatories began for minors.

right to sue

Third-party beneficiary had right to sue.

voting law 2

Law ended voting and office-holding restrictions based on religion or property.

Compromise of 1850

Act allowed both slave and free states to enter Union. California became a free state, and Utah and New Mexico became territories.

Kansas-Nebraska Act

Congress repealed Missouri Compromise, opening whole Louisiana Territory to slavery if territory voted for slavery. Texas, Indian Territory (Oklahoma), Missouri, Kentucky, Virginia, and all southern states were already slave states.

Dred Scott case

USA Supreme Court ruled that slaves were always slaves, unless bought out, that Scott was not a citizen, though he had lived free for several years, and that Missouri Compromise was unconstitutional. Ruling increased tension between north and south USA.

Holmes Jr. O

He lived 1841 to 1935. As USA Supreme Court Chief Justice [1902 to 1932], he emphasized human rights over property rights.

Homestead Act

It entitled people to 160 acres of undeveloped land, to build homes. It replaced Premption Act [1941]. It ended, except in Alaska, with Federal Land Policy and Management Act [1976]. Alaska ended homesteading [1986].

Supreme Court 4

Number of judges increased from nine to ten.

13th Amendment law

Amendment abolished slavery.

Amnesty Proclamation

Act allowed South to organize itself, so North's military withdrew.

Black Codes

After Civil War, southern states prohibited intermarrying, required special labor contracts, apprenticed blacks under 18 without self-sufficient parents, imprisoned or apprenticed unemployed blacks over 18, and prohibited blacks from carrying firearms or knives.

Freedman's Bureau

Department helped freed slaves and war refugees.

Civil Rights Act 1

All Negroes became citizens.

Supreme Court 5

Number of judges decreased from ten to seven.

Reconstruction Acts

Laws placed military governments in Southern states. Congress had no southerners.

Tour of Office Act

Act required President to obtain Senate's consent to remove officials appointed with Senate consent.

Supreme Court 6

Number of judges increased from seven to nine.

George H

He lived 1839 to 1897, was against laissez-faire, and favored taxing only real estate.

Civil Rights Act 2

Act tried to end discrimination against blacks.

railway workers strike

Baltimore & Ohio Railroad workers reacted to pay cuts that followed Panic of 1873. Then national railroad workers also struck. Pittsburgh and Chicago had rioting, and workers seized St. Louis and Toledo, until federal troops intervened.

Knights of Labor

First labor union in USA began.

Chinese Exclusion Act

Act ended right of Chinese to come to USA.

Indian Territory began

After Indian Removal Act [1930], Indian Intercourse Act [1934] established a territory. Cherokee, Chickasaw, Choctaw, Creek, and Seminole, the Five Civilized Tribes, of the South moved there along Trail of Tears and built Tulsa, Ardmore, Tahlequah, and Muskogee. Delaware, Cheyenne, and Apache also relocated there. Oklahoma Territory began [1890] in west Oklahoma. Indian Territory ended when Oklahoma became state [1907].

Civil Rights case

Supreme Court declared Civil Rights Act unconstitutional, because it was about social, rather than legal, rights.

Civil Service Act

Act based government service more on competency than patronage.

Ex Parte Yarborough case

USA Supreme Court allowed black people to seek relief for hindrance of voting rights.

Texas White Primary Case

USA Supreme Court established right of blacks to vote in primary elections.

Dawes Allotment Act

Act put American natives under legal protection and permanently gave families several hundred acres [increased in 1904].

labor-management

Federal commission mediated labor-management disputes.

Sioux Act

Lakota reservations delineated.

Classic U.S.

USA Supreme Court established right of blacks to vote in primary elections.

Smith Allwright

USA Supreme Court established right of blacks to vote in primary elections.

voting law 3

Women gained right to vote.

union and law

Old rule in common law was to enjoin combinations that restrained trade. Court injunctions stopped picketing and boycotting.

initiative

States allowed citizens to gather signatures to put statutes directly before voters {initiative}|. Nebraska was the first locally, and South Carolina the first statewide.

referendum

States allowed citizens to gather signatures to allow voters to judge statute {referendum}|. Nebraska was the first locally, and South Carolina the first statewide.

Open Door Policy

Act guaranteed equal trading rights for all nations in China.

common carrier law

Common carriers became responsible for injuries to employees, even if there was no negligence.

Hepburn Act

Act expanded Interstate Commerce Commission (ICC) power.

railway workers law

Congress limited work hours of trainmen and telegraphers.

Pound R

He lived 1870 to 1964 and was dean of Harvard Law School [1916 to 1936]. He wrote about patterns of living together of actual people. Law must determine between conflicting interests. Law is tool for social engineering.

child labor

Child labor laws were held unconstitutional, until 1950's.

Australian ballot

By 1908, all states used secret ballot {Australian ballot}.

Gentleman's Agreement act

Act provided that Japan only issue emigration papers to USA-citizen relatives or to people who manage businesses.

minimum wage law

Congress passed law for minimum wage for women in industry, but Supreme Court declared it unconstitutional.

Muller Oregon

USA Supreme Court, under Brandeis, said that law that prohibited women from working more than ten hours a day was constitutional.

recall from office

Oregon and then other states allowed citizens to gather signatures to allow voters to remove official from office {recall from office}|.

Mann-Elkins Act

Act expanded Interstate Commerce Commission (ICC) power.

workmen's compensation law

All states had workmen's compensation laws by 1910.

Hughes C

He lived 1862 to 1948 and was USA Supreme Court Associate Justice [1910 to 1916 and 1930 to 1941].

Department of Labor

It prepares workers for new and better jobs and protects workers. It includes Bureau of Labor Statistics.

Adamson Act

Act limited railway workers to eight work hours a day.

Brandeis L

He lived 1856 to 1941 and was liberal USA Supreme Court Associate Justice [1916 to 1941] concerned about social justice. Constitution allows experimentation. Justices need to use what public thinks its interest is, not just law or policy.

Espionage Act

Act suppressed dissent.

Immigration Law 1

Act required literacy test and set quotas.

Sedition Act

Act suppressed dissent.

16th Amendment law

Amendment prohibited alcohol sale, starting Prohibition. Organized crime started to make and sell alcohol. Democratic Party split over issue.

18th Amendment law

Amendment gave women right to vote. Some women voted in England in 1918, and all in 1939. Women voted in France in 1946.

Clayton Anti-Trust Act

Act was against monopolies.

Industrial Rehabilitation

Act protected injured workers.

Seamen's Act

Act exempted labor from anti-trust law. Senator LaFollette wrote it.

Duplex Printing-Deering

USA Supreme Court allowed injunctions against unions.

Immigration Law 2

Act required literacy test and set quotas.

Sheppard-Tower Act

Act gave federal aid for childbirth care.

Truax Corrigan

USA Supreme Court allowed injunctions against unions.

Act of Congress

Native Americans became citizens.

Immigration Act

Act revised immigration quotas.

Darrow C

He lived 1857 to 1938 and defended at Leopold-Loeb trial [1924], Scopes "monkey trial" [1925], and Massie trial [1934].

Learned Hand

He lived 1872 to 1961.

Scopes Trial

Trial prosecuted teaching evolution in schools. Clarence Darrow defended Scopes. William Jennings Bryan helped prosecute.

Cardozo B

He lived 1870 to 1938 and was Supreme Court Associate Justice [1932 to 1938].

Banking Act

Act reformed banking. Gold standard ended.

Emergency Housing Division

Housing Corporation helped build houses.

Emergency Relief Act

Act set up aid to unemployed and purchased surpluses.

National Industrial Recovery

Act formed industry trade associations, to establish fair-trade laws. It set up collective bargaining, minimum wage, maximum hours, and import controls. Supreme Court declared it unconstitutional.

Norris-LaGuardia Act

Act prohibited injunctions against unions.

Public Works Admin

Department was for dams and other projects.

Resettlement Admin

Department was for rural housing.

Social Security Act

Act granted retirement and disability benefits.

Unemployment Relief Act

Act created Civilian Conservation Corps.

Wagner Act

Act compelled collective bargaining, stopped employer tampering with union, and formed Labor Relations Board. It allowed labor leaders to talk to workers but not employers. It did not put controls on entrenched union leadership and did not require public incorporation or accounting.

Civil Works Administration

Agency employed construction workers to build public buildings and bridges.

Agricultural Adjustment

Act established price supports for food products and paid for reducing supplies. Supreme Court declared it unconstitutional [1935].

Civilian Conservation

Agency did outdoor work in camps by employing young men, who had to send money home to their families.

Indian Reorganization Act

All tribes became self-governing.

Securities and Exchange

Act created Securities and Exchange Commission and required information disclosure. Sarbanes-Oxley Act [2002] added to it.

kidnapping

Men kidnapped Charles Lindbergh's son and killed him, leading to federal laws against kidnapping.

Walsh-Healy Contracts

Act set wage and hours controls for government contract work.

Black H

He lived 1886 to 1971 and was USA Supreme Court Associate Justice [1937 to 1971].

Food Drug Cosmetic Act

It revised the 1906 Food and Drugs Act. Food and Drug Administration Modernization Act [1997] updates law.

Frankfurter F

He lived 1882 to 1965 and was USA Supreme Court Associate Justice [1939 to 1962].

Lend-Lease Act

Act lent and leased equipment to Allies.

Truman Proclamation

Act gave USA sovereignty over continental shelf and fisheries.

Taft-Hartley Act

Act replaced Wagner Act labor laws.

Hoover Commission

Herbert Hoover headed commission to study executive branch.

Administrative Procedures

Act established uniform laws for dealing with government agencies.

arbitration law began

Arbitration laws began.

declamatory judgment

Law allowed suit settlement by giving facts {declamatory judgment} but making no final judgment.

minors

Minors began to have special courts.

small claims USA

Small claims courts began.

Clark Gre

He lived 1882 to 1967.

Checkers Speech

Richard Nixon spoke about involvement in the Alger Hiss case against Whittaker Chambers, because he investigated Communists.

Warren E

He lived 1891 to 1974 and was USA Supreme Court Chief Justice [1953 to 1969]. USA Supreme Court ended legal segregation, forced one man-one vote legislatures, and defended rights of accused people.

Uniform Commercial Code

Act is business law in all states, except for Louisiana.

Civil Rights Act 3

Act discontinued segregation.

American Indian Rights

Act is Title II of Civil Rights Act of 1968. USA has more than 550 Native-American nations.

Code of Professional Responsibility

Code of Professional Responsibility requires lawyers to keep all conversations between lawyer and client confidential and has other duties.

Burger W

He lived 1907 to 1995 and was USA Supreme Court Chief Justice [1969 to 1986].

Rehnquist W

He lived 1924 to 2005 and was USA Supreme Court Justice [1972 to 1986] and Chief Justice [1986 to 2005].

American lawyers

Lawyers in USA number 350,000, with two-thirds in private practice.

6-Law-History-International Law

Middle Eastern trade

As caravans and pack trains crossed territories, brokers arranged trades and money exchanges.

olive branch

Olive branch or peace pipe showed peaceful intentions.

Zasius U

He lived 1461 to 1536 and was international lawyer.

Vitoria F

He lived 1483 to 1546, was Dominican, and was at Salamanca. He wrote about natural and international law, especially as applied to American native peoples.

Alciatus of Milan Aytta

Alciatus lived 1492 to 1550, wrote about international law, and founded Bourges University. He tried to discover pure Roman law from commentaries and added good other laws.

Cujas J

He lived 1520 to 1590 and helped establish Continental law and international law, using original sources. He studied law at Bourges University, was Alciati's pupil's student, and studied law's relations to history and literature.

Muyden G

He lived 1500 to 1560, was international lawyer, was Alciatus' pupil, and founded Louvain University.

Faber A

He lived 1557 to 1624 and was international lawyer.

Donellus H

He lived 1527 to 1591, was international lawyer, and studied law at Bourges University.

Gentilis A

He lived 1552 to 1608 and emphasized that contemporary situations required new international law rules.

His ideas came into use in approximately 1900.

He established peace-treaty rules, neutrality rules, and war rules. He established justifications for war, especially self-defense.

Licenses for reprisal against another nation's vessels {letters of marque} are unlawful, because they lead to piracy. Travelers in peacetime have freedom of passage, especially over seas.

Diplomatic personnel have immunity from prosecution, have right of passage, and have right of property and person protection. Rulers cannot reject embassies but can return particular ambassadors. All nations, no matter what governmental system or ruler, are in society of nations.

Epistemology

Rights and laws based on reason are true for all people at all times.

Grotius H

He lived 1583 to 1645 and was the "father of international law". He described current international law, basing his ideas on natural law, reason, and Roman ius gentium.

Ethics

Moral precepts are true even without God, are rational, and are social.

Law

International law depends on natural law, customs, and agreements. Natural law comes from man's social nature and needs, is absolute, is power and authority basis, and protects property and life rights. Law gives rights and justice by the ruled's consent.

Politics

People have natural rights, which government should guarantee. State is social contract. Aristocratic republic is best.

Puffendorf S

He lived 1632 to 1694.

Law

Laws define what to do or not do and prescribe punishment. Travelers have freedom of seas, except in territorial waters.

Politics

Man's natural duties, defined by natural law, are examples of state duties. Authority has legitimate power to limit freedom and punish people to make people secure or better. Authority can also be legitimate if people have consented. People have obligation to obey superiors. Social relations aid individual self-preservation. Theocracy is not good. Taking booty is sovereign's right, and it is then his property. Treaty or danger {necessity} can allow nations to prevent actions they normally allow.

Thomasius C

He lived 1655 to 1728, was international lawyer, and helped found natural law.

Bynkershoek C

He lived 1673 to 1743 and emphasized actual law practice. He established neutral country protections, blockade rules, and contraband rules. One cannon shot, three miles, is territorial-waters limit. High seas are free to all. Ambassadors should have full protection. War declarations are unnecessary.

Vattel E

He lived 1714 to 1767, was international lawyer, and believed in natural law. Nations are like moral persons, so ethics is a consideration in law.

Declaration of Pillnitz

Act called on Europe to restore Louis XVI of France.

Savigny F

He lived 1779 to 1861, was international lawyer, and started Historical School [1810 to 1842]. He emphasized Roman law and customs as the law basis. He first recreated classical law, contrasted Roman law to natural law, and tried to show how law had evolved.

Jhering R

He lived 1818 to 1892 and was an international lawyer and Roman-law scholar.

Mammsen T

He lived 1817 to 1903 and was an international lawyer and Roman-law historian.

Declaration of Paris

Act was first international law code. It described naval war rules, ended privateering, established contraband rules, and established blockade rules. Most sea-faring nations signed.

Geneva Convention

Act established rules for wounded soldiers. Nine states signed.

St. Petersburg Declaration

Act established rules about explosive or inflammable projectiles.

Brussels Conference

Conference used war rules of Francis Leiber for USA Civil War and proclaimed Declaration of Brussels. It prohibited pillage and bombardment of open towns and established occupation rules and prisoner-treatment rules. Britain did not ratify it, and it failed. Later, nations adopted its ideas.

Second Peace Conference

Conference revised war rules by the Hague Declarations.

Declaration of London

Act established blockade, contraband, and naval war rules, but England did not ratify it.

World Court

League of Nations established court.

Briand Kellogg Pact

Open to all nations, it prohibited war and forced peaceful settlements to be sought.

Nuremburg trials

Nuremburg Nazi-war-criminal trials changed international law. They used laws passed after the acts {ex post facto law} {nullum crimen nulla poena sine lege}. They had no precedents. Aggressive war is crime. Aggressive-nation leaders are responsible for war, because people have duties to conscience that are higher than duties to state.

Universal Declaration

United Nations declared it.

6-Law-History-Japanese Law

Japanese law

During Meiji period, Japan modernized law based on French and German law.

Japan constitution

Constitution formed a parliament.

6-Law-History-Maritime Law

Phoenician law

First maritime customs developed.

Rhodian Law

Maritime customs developed from Digest of Code of Justinian [600] and from Rhodes' ancient maritime customary law.

Table of Amalfi

Amalfi was one of four Maritime republics, but Pisa ended it [1135].

Venice maritime law

Maritime customs developed.

Code of Oleron

Richard I published maritime customs, and British, Scotch, and Normans used them.

Pisa maritime law

Maritime customs developed.

Sea Laws of Gotland

Gotland is largest island in Baltic Sea. Visby was a chartered Hanseatic town [1000]. Twenty tings sent elected judges to meetings {alting} {Gutnaltinget}.

Code of Barcelona

Maritime customs were in use for five centuries.

Hansa Code

Hanseatic League (Hansa) developed maritime customs based on Sea Laws of Gotland and Lübeck laws. German merchants formed associations {Hansa}. German and Scandinavian merchants founded Hanseatic League [1150], including Lübeck, Westfalia, Saxony, and Gotland. It added Bremen and Livonia [1200 to 1220]. Lübeck and Hamburg united [1241], then Lübeck and Visby (Gotland) united [1280], starting Hansa towns. Towns were Saxon, Wendish, Prussian, and Livonian. Members met at Lubeck [1358]. Hansa united to war with Waldemar Atterdag of Denmark [1361]. Cologne Confederation [1367] had cities from Holy Roman Empire, Netherlands, and area controlled by Teutonic Knights.

Bank of St. George

Maritime law changed as bank issued first bills of exchange and first insurance [1407].

Europe maritime law

National maritime law codes began, disunifying maritime law.

York-Antwerp Rules

Laws were about insurance losses [1890 and 1950].

Hague Rules

International maritime code developed.

Hague-Visby Rules

It increased limitation amounts in general and for containers. Visby is largest city on Gotland Island, which belongs to Sweden.

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