'What
makes Law Effective?', Times Higher Education Supplement,
April 2005
There is
a great deal about legal process in other parts of this web-site. In
particular, all of the materials under the Earls
Colne database includes detailed accounts of how the courts worked
and very extensive transcripts of legal records of all types.
The workings
of the criminal courts in seventeenth century England are described
in the book THE JUSTICE
AND THE MARE'S ALE.
There are
also other materials under the heading of 'witchcraft',
where the workings of the courts in relation to this particular crime
are analysed in detailed.
The broader
philosophy of law, law in its wider context, and the differences over
time and space are considered in the
'Encounters' with figures such as Montesquieu, Tocqueville, Sir
Henry Maine, and F.W.Maitland, all of whom I have written about at length
and all of whom were legal historians (among other things).
A good
deal of work has been undertaken on comparing the British common law
tradition to that of other parts of the world. One is the whole world
of continental, inquisitorial, Roman law, in particular a project I
was engaged in for some years on the records of the Portuguese Inquisition.
One small example of this is:
'Inquisition
and Anthropology', Temenos, Studies in Comparative Religion,
vol.18 (1982)
There is
a series of short video interviews on aspects of English legal history
under FILMS
Another
comparison is with the legal traditions of Japan.
One example
of this comparison is:
'Law
and custom in Japan: some comparative reflections', Continuity and
Change, 10 (3), (1995)
Two
articles reviewing others work in this field are:
'Early
English Assize Records', American Journal of Legal History,
vol.xxiv (1980)
'Crime
and the Courts in England 1660-1800', London Review of Books,
vol.8, no.13 (1986)