Paul Brand

Bio: Paul Brand is an academic researcher from University of Oxford. The author has contributed to research in topics: Common law & Legal history. The author has an hindex of 9, co-authored 27 publications receiving 341 citations. Previous affiliations of Paul Brand include University of Michigan & University of Chicago.

The origins of the English legal profession

Abstract: Shortly after Henry II had succeeded to the English throne, Richard of Anstey commenced litigation against his cousin, Mabel de Francheville. His uncle, William de Sackville, had held a sizeable mesne barony, consisting of at least seven Essex manors and the overlordship of ten knights' fees in Essex and three neighbouring counties. Richard's aim was to secure this property for himself. Mabel claimed that (as William's daughter and heiress) she was rightfully in possession. Richard asserted that she was illegitimate, the issue of a marriage that had been annulled by the Church; and that as Williams's nephew, the eldest son of William's sister, the lands should pass to him, as William's heir. The litigation began in 1158 in the king's court; but once the question of Mabel's status had been raised it was transferred to the Church courts. Her legitimacy was discussed in turn in the court of the archbishop of Canterbury, before papal judges delegate, and finally before the papal court of audience in Rome. The eventual decision was that Mabel was illegitimate. The case then returned to the king's court, and, some five years after the proceedings had begun, the king's court awarded William de Sackville's lands to Richard of Anstey.

The Making of the Common Law

Abstract: England was unique among the medieval kingdoms of Western Europe. In addition to developing a system of national courts with an extensive original jurisdiction and run on quasi-bureaucratic lines by royal justices, it also gave birth to a single national customary law which was applicable throughout the country. This was partly the product of judicial decisions made by the royal courts and partly the product of legislation. The great formative period of the Commom Law began during the reign of King Henry II but continued through to the early fourteenth century. Paul Brand possesses an unrivalled knowledge of the published and unpublished sources for this critical period. The Making of the Common Law brings together his essays, some previously unpublished, on this period. The essays on the making of the English legal system (which complement his book on The Origins of the English Legal Profession) include an important essay on 'Henry II and the Creation of the English Common Law', and 'Courtroom and Schoolroom: The Education of Lawyers in England prior to 1400', the essay which won the 1988 Donald W. Sutherland Prize of the American Society for Legal History.The devlopment of English law is discussed in a number of essays including a critical introduction to the 'Milsom thesis' on the origins of England land law and 'Lordship and Distraint in Thirteenth-Century England', a major reappraisal of the balance of power between lords and tenants in this period. The Common Law was taken by settler from England to North America and to Australasia. Its earliest venture overseas, however, was to Ireland. The Making of the Common Law includes a number of important essays on the transfer of English law and the creation of a legal system modelled on that of England in the medieval English lordship of Ireland.

A Versatile Legal Administrator and More: The Career of John of Fressingfield in England, Ireland and Beyond

Abstract: John of Fressingfield had a long and a varied career.1 That career began in England some time before 1290; took him to Ireland in 1295, where he lived for 12 years; brought him back to live in England in 1307, but then took him off on official journeys to the Channel Islands in the summer of 1309 as well as to Avignon and to Gascony in 1309 and 1310. It seems to have ended shortly after his capture in south Wales as one of the supporters of Hugh Despenser the younger and subsequent ransom in 1321. It encompassed clerical service as a clerk of the Common Bench at Westminster between 1289 and 1291, as a senior clerk of the ‘northern’ eyre circuit led by Hugh of Cressingham between 1292 and 1294, as keeper of the rolls and writs of the Dublin Bench between 1296 and 1298 and as chief clerk of the justiciar, John Wogan, in 1299. Closely connected with this was his judicial career: initially in Ireland as a temporary replacement justice in the justiciar’s court in 1302–1303 and 1305–1306 as well as in the Tipperary eyre of 1305–1307; then as chief justice of the Channel Islands eyre held in the summer of 1309; finally as a judicial commissioner appointed to various special and general commissions in England between 1311 and 1317. He also had a brief military career: in charge of the castles of Roscommon, Rindown and Athlone in 1299–1300, leader of an Irish contingent to Scotland in the service of Edward I in 1301–1302, and presumably with Hugh Despenser the younger at the end of his life.

Banishing Usury: The Expulsion of Foreign Moneylenders in Medieval Europe, 1200-1450

Abstract: Starting in the mid-thirteenth century, kings, bishops, and local rulers throughout western Europe repeatedly ordered the banishment of foreigners who were lending at interest. The expulsion of these foreigners, mostly Christians hailing from northern Italy, took place against a backdrop of rising anxieties over the social and spiritual implications of a rapidly expanding credit economy. Moreover, from 1274 onward, such expulsions were backed by the weight of canon law, as the church hierarchy—inspired by secular precedents—commanded rulers everywhere to expel foreign moneylenders from their lands. Standing threats of expulsion were duly entered into statute-books from Salzburg to northern Spain. This dissertation explores the emergence and spread of the idea of expelling foreign usurers across the intellectual and legal landscape of late medieval Europe. Building on a wide array of evidence gathered from seventy archives and libraries, the dissertation examines how the idea of expulsion expressed itself in practice, how its targets came to be defined, and how the resulting expulsion orders were enforced—or not. It shows how administrative procedures, intellectual categories and linguistic habits circulated and evolved to shape the banishment not only of foreign usurers, but of other targets as well, most notably the Jews. By reconstructing these expulsions and their accompanying legal and theological debates, this dissertation weaves together broad themes ranging from the circulation of merchants and manuscripts to conflicting overlaps in political jurisdictions and commercial practices; from the resilience of Biblical exegesis to the flexibility of legal hermeneutics; and from shifts in political

The Law of the Labour Market: Industrialization, Employment, and Legal Evolution

Abstract: The emergence of a 'labour market' in industrial societies implies not just greater competition and increased mobility of economic resources, but also the specific form of the work relationship which is described by the idea of wage labour and its legal expression, the contract of employment. This book examines the evolution of the contract of employment in Britain through a close investigation of changes in its juridical form during and since the industrial revolution. The initial conditions of industrialization and the subsequent growth of a particular type of welfare state are shown to have decisively shaped the evolutionary path of British labour and social security law. In particular, the authors argue that nature of the legal transition which accompanied industrialization in Britain cannot be adequately captured by the conventional idea of a movement from status to contract. What emerged from the industrial revolution was not a general model of the contract of employment, but rather a hierarchical conception of service, which originated in the Master and Servant Acts and was slowly assimilated into the common law. It was only as a result of the growing influence of collective bargaining and social legislation, and with the spread of large-scale enterprises and of bureaucratic forms of organization, that the modern term 'employee' began to be applied to all wage and salary earners. The concept of the contract of employment which is familiar to modern labour lawyers is thus a much more recent phenomenon than has been widely supposed. This has important implications for conceptualizations of the modern labour market, and for the way in which current proposals to move 'beyond' the employment model, in the face of intensifying technological and institutional change, should be addressed.

A Social History of Dying

Abstract: Our experiences of dying have been shaped by ancient ideas about death and social responsibility at the end of life. From Stone Age ideas about dying as otherworld journey to the contemporary Cosmopolitan Age of dying in nursing homes, Allan Kellehear takes the reader on a 2 million year journey of discovery that covers the major challenges we will all eventually face: anticipating, preparing, taming and timing for our eventual deaths. This book, first published in 2007, is a major review of the human and clinical sciences literature about human dying conduct. The historical approach of this book places our recent images of cancer dying and medical care in broader historical, epidemiological and global context. Professor Kellehear argues that we are witnessing a rise in shameful forms of dying. It is not cancer, heart disease or medical science that presents modern dying conduct with its greatest moral tests, but rather poverty, ageing and social exclusion.

The New Cambridge Medieval History

Abstract: Introduction Jonathan Riley-Smith and David Luscombe 1. The rural economy and demographic growth Robert Fossier 2. Towns and the growth of trade Derek Keene 3. Government and community, 1024-1204 Susan Reynolds 4. The development of law Peter Landau 5. Knightly society Jean Flori 6. War, peace and the Christian order, 1024-1204 Ernst-Dieter Hehl 7. The structure of the church, 1024-1073 H. E. J. Cowdrey 8. Reform and the church, 1073-1122 I. S. Robinson 9. Religious communities, 1024-1215 Giles Constable 10. The institutions of the church, 1073-1216 I. S. Robinson 11. Thought and learning D. E. Luscombe 12. Religion and laity (including popular devotions and heresy) Bernard Hamilton 13. The crusades, 1095-1198 Jonathan Riley-Smith 14. The eastern churches Jean Richard 15. Muslim Spain and Portugal: al-Andalus and its neighbours, 1025-1198 Hugh Kennedy 16. The Jews in Europe and the Mediterranean basin in the eleventh and twelfth centuries Robert Chazan 17. Literature (Latin and vernacular) Jan Ziolkowski 18. Romanesque and gothic: architecture and the arts Patrick Kidson List of primary sources Bibliography of secondary sources arranged by chapter Index of manuscripts.

BIBLIOGRAPHY. Publications on financial history 2002

Abstract: This bibliography covers publications that appeared during 2002 and during the year 2001 when they were not known before the deadline of last year’s bibliography. In that case, the year of publication is mentioned in the citation. It follows previous criteria being divided into two broad areas: general literature in financial history in section 1, and specialised material in section 2. Section 2 is then subdivided chronologically, and further by geographical area (the complete classification scheme was published in Volume 1, Part 2, October 1994, pp. 157–60). From this year, the bibliography will concentrate only on medieval, early modern and contemporary history as a result of a decision taken during the FHR Editorial Board Meeting in Athens, Greece, on 27 May 2004. Where there are no entries for a particular section, the heading has been omitted. Abbreviations have been kept to a minimum, but standard abbreviations such as J. for Journal, Q. for Quarterly, Rev. for Review/Revue, have been used throughout. Short titles are used for references to edited volumes within the section in which they are listed; elsewhere they are cited in full. Doctoral theses and working papers are not included. Articles published in books ‘edited by’ are mentioned only if the bibliographer accessed the index of the book before the deadline of the publication. Translations in English for some European, Asian and African languages are used in the bibliography only when the source of the bibliographic citation made it available. All URLs used for website citations were alive in July 2004. The bibliographer is pleased to receive suggestions of any kind for compiling this bibliography via e-mail at the following address: .