BiblioVault - Books by Gray, Charles M.

Copyhold, Equity, and the Common Law

Charles Montgomery Gray

Harvard University Press

This book has a threefold purpose: to date and explain the beginning of legal protection of copyholders in courts of law and equity; to reconstruct and explain the first stage in the creation of a body of law relating to copyholds; and to provide a case study in sixteenth-century jurisprudence of a sort that may tend to illuminate larger questions about the judicial process in that period. Mr. Gray has based his book largely on manuscript law reports never before used.

Copyhold, and its ancestor, villein tenure, were originally not protected by the central law courts in England, with the result that the tenant was at the mercy of his lord. There has been considerable uncertainty and dispute as to when this state of affairs was changed. This book argues that the Chancery possibly did not extend protection to tenants until the end of the fifteenth century, and that the common law did not provide protection until the middle of the sixteenth century. Mr. Gray explains why and how the change was effected. Since the extension of common-law protection brought many collateral issues before the courts, the judges had to write a new chapter in the law of property. The authordescribes the perplexities they faced and the changing techniques used to meet them.

This history of a new field of law developed in the Elizabethan period has implications for general questions on the judicial process, such as the use made of precedents, the methods of interpreting statutes, and the character of legal analysis. An introduction provides the Medieval background and explains the technical language and fundamental concepts necessary for understanding the specific studies.

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The History of the Common Law of England

Sir Matthew Hale

University of Chicago Press, 1973

This volume includes the complete text of the third edition of 1739.

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The Privilege against Self-Incrimination

Its Origins and Development

R. H. Helmholz, Charles M. Gray, John H. Langbein, Eben Moglen, Henry E. Smith,

University of Chicago Press, 1997

Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what has sometimes been taken to be an unchanging tenet of our legal system has actually encompassed many different legal consequences in a history that reaches back to the Middle Ages.

Each chapter of this definitive study uncovers what the privilege meant in practice. The authors trace the privilege from its origins in the medieval period to its first appearance in English common law, and from its translation to the American colonies to its development into an effective protection for criminal defendants in the nineteenth century. The authors show that the modern privilege—the right to remain silent—is far from being a basic civil liberty. Rather, it has evolved through halting and controversial steps. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality.

This book constitutes a major revision of our understanding of an important aspect of both criminal and constitutional law.

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University of Chicago Readings in Western Civilization, Volume 6

Early Modern Europe: Crisis of Authority

Edited by Eric Cochrane, Charles M. Gray, and Mark Kishlansky

University of Chicago Press, 1987

The University of Chicago Readings in Western Civilization (nine volumes) makes available to students and teachers a unique selection of primary documents, many in new translations. These readings, prepared for the highly praised Western civilization sequence at the University of Chicago, were chosen by an outstanding group of scholars whose experience teaching that course spans almost four decades. Each volume includes rarely anthologized selections as well as standard, more familiar texts; a bibliography of recommended parallel readings; and introductions providing background for the selections. Beginning with Periclean Athens and concluding with twentieth-century Europe, these source materials enable teachers and students to explore a variety of critical approaches to important events and themes in Western history.

Individual volumes provide essential background reading for courses covering specific eras and periods. The complete nine-volume series is ideal for general courses in history and Western civilization sequences.

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