Serjeant Henry Finch
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Serjeant Henry Finch
Sir Henry Finch (died 1625) was an English lawyer and politician, created serjeant-at-law and knighted, and remembered as a legal writer. Life He was born the son of Sir Thomas Finch of Eastwell and Catherine Moyle, daughter of Sir Thomas Moyle and the brother of Moyle Finch. He was educated at Christ's College, Cambridge, under Laurence Chaderton, graduating BA, and was admitted of Gray's Inn in 1577, and called to the bar there in 1585. In February 1593, he was elected to parliament for Canterbury, and he retained the seat at the election of 1597. He became an ancient of his inn in 1593, and the same year was appointed counsel to the Cinque ports. He was reader at his inn in the autumn of 1604. In 1613 he was appointed recorder of Sandwich, on 11 June 1616 he was called to the degree of serjeant-at-law, and nine days later he was knighted at Whitehall Palace. At this time he was engaged, in conjunction with Francis Bacon, William Noy, and others, in an abortive attempt to c ...
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Jews
Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, religion, and community are highly interrelated, as Judaism is their ethnic religion, though it is not practiced by all ethnic Jews. Despite this, religious Jews regard Gerim, converts to Judaism as members of the Jewish nation, pursuant to the Conversion to Judaism, long-standing conversion process. The Israelites emerged from the pre-existing Canaanite peoples to establish Kingdom of Israel (Samaria), Israel and Kingdom of Judah, Judah in the Southern Levant during the Iron Age.John Day (Old Testament scholar), John Day (2005), ''In Search of Pre-Exilic Israel'', Bloomsbury Publishing, pp. 47.5 [48] 'In this sense, the emergence of ancient Israel is viewed not as the cause of the demise of Canaanite culture but as its upshot'. Originally, J ...
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Commentaries On The Laws Of England
The ''Commentaries on the Laws of England'' (commonly, but informally known as ''Blackstone's Commentaries'') are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford between 1765 and 1769. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The ''Commentaries'' were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The ''Commentaries'' were influential largely because they were in fact readable, and becau ...
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William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-known description of the doctrines of the English common law. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a Fellow of All Souls#Fellowships, fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone was involved heavily in university administration, becoming accountant, treasurer, and bursar on 28 November 1746, and Senior Bursar in 1750. Blackstone is considered responsible for completing the All Souls College Library, Codrington Libra ...
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Danby Pickering
Danby Pickering ( fl. 1769) was an English legal writer. Biography Born circa 1716 (christened 17 March that year),Parish records the son of Danby Pickering of Hatton Garden, Middlesex by his wife Mary (née Horson), Pickering was admitted, on 28 June 1737, a student at Gray's Inn, where he was called to the bar on 8 May 1741. He married Ann Walter or Walten on 12 July 1736, and died on 24 March 1781. Works Pickering re-edited the original four volumes of ''Modern Reports'' (1682–1703), with the supplements of 1711, 1713, and 1716, under the title ''Modern Reports, or Select Cases adjudged in the Courts of King's Bench, Chancery, Common Pleas, and Exchequer, since the Restoration of His Majesty King Charles II to the Fourth of Queen Anne'', London, 1757. He also edited Sir Henry Finch's ''Law, or a Discourse thereof in Four Books'', London, 1759. His major work was an abridgment of the ''Statute Book'', entitled '' The Statutes at Large, from Magna Charta to the end of the Ele ...
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Special Jurisdiction
Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters. Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing authority, such as a constitution or a statute. Special jurisdiction courts must demonstrate that they are authorized to exert jurisdiction under their issuing authority. In contrast, general jurisdiction courts need only to demonstrate that they may assert in personal jurisdiction over a party. Differences Sometimes the term "special courts" is used to refer to courts of limited jurisdiction: "Special courts" has unfortunate connotations, however, because the designation is often given by totalitarian governments to tribunals set up to persecute government opponents or otherwise help commit human rights abuses. That is a different kind of justice: not because it does not confer upon courts the power to hear only certain types of cases; but a ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Positive Law
Positive laws () are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of positive law is distinct from natural law, which comprises inherent rights, conferred not by act of legislation but by "God, nature, or reason". Positive law is also described as the law that applies at a certain time (present or past) and at a certain place, consisting of statutory law, and case law as far as it is binding. More specifically, positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society." ''Lex humana'' versus ''lex posita'' Thomas Aquinas conflated man-made law () and positive law ( or ). However, there is a subtle distinction between them. Whereas human-made law regards law from the position of its origins (i.e. who it was th ...
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Natural Law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil ...
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David Seipp
David John Seipp (born October 19, 1955) is an American legal scholar. He is Professor of Law Emeritus at Boston University, where he taught from 1986 to 2024. Seipp served as director of the American Society for Legal History and serves as trustee of the Ames Foundation. Early life and education Seipp was born on October 19, 1955, in Dubuque, Iowa. Seipp is the son of Norbert H. Seipp, a native of Dubuque. He entered Harvard College in 1973, graduating in 1977 with a Bachelor of Arts in history, ''summa cum laude'', with membership in Phi Beta Kappa as a Presidential Scholar. In 1979, he received a second B.A. from Merton College, Oxford, in jurisprudence, then a Bachelor of Laws from St John's College, Cambridge, in 1980. He returned to the United States in 1980 to attend Harvard Law School, where he entered with advanced standing as a second-year student. He graduated ''magna cum laude'' in 1982 and was an editor of the ''Harvard Law Review''. Career From 1982 to 1983, Sei ...
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Ramist
Ramism was a collection of theories on rhetoric, logic, and pedagogy based on the teachings of Petrus Ramus, a French academic, philosopher, and Huguenot convert, who was murdered during the St. Bartholomew's Day massacre in August 1572. According to British historian Jonathan Israel: " amism despite its crudity, enjoyed vast popularity in late sixteenth-century Europe, and at the outset of the seventeenth, providing as it did a method of systematizing all branches of knowledge, emphasizing the relevance of theory to practical applications .. Development Ramus was a cleric and professor of philosophy who gained notoriety first by his criticism of Aristotle and then by conversion to Protestantism. He was killed in the St Bartholomew's Day Massacre of 1572, and a biography by Banosius (Théophile de Banos) appeared by 1576. His status as Huguenot martyr certainly had something to do with the early dissemination of his ideas. His ideas had influence in some (but not all) parts ...
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Law French
Law French () is an archaic language originally based on Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England from the 13th century. Its use continued for several centuries in the courts of England and Wales and Ireland. Although Law French as a narrative legal language is obsolete, many individual Law French terms continue to be used by lawyers and judges in common law jurisdictions. History The earliest known documents in which 'French', i.e. Anglo-Norman, is used for discourse on English law date from the third quarter of the thirteenth century, and include two particular documents. The first is the 1258 '' Provisions of Oxford'', consisting of the terms of oaths sworn by the 24 magnates appointed to rectify abuses in the rule of King Henry III, together with summaries of their rulings. The second is the ''Casus Placitorum'' (), a collection of legal maxims, rules and brief narratives of cases. In t ...
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