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Cambridge Studies in the History and Theory of Politics : Sir John Davies and the Conquest of Ireland: A Study in Legal Imperialism - Hans S. Pawlisch

Cambridge Studies in the History and Theory of Politics

Sir John Davies and the Conquest of Ireland: A Study in Legal Imperialism

Paperback Published: 28th February 2003
ISBN: 9780521526579
Number Of Pages: 260

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This study examines the Law Reports of Sir John Davies and litigation pleaded before the central Irish courts during the period in which Davies served in Ireland as solicitor-general (1603 6) and attorney-general (1606 19). The author's main concern is to explicate the legal and jurisprudential issues involved and to draw out their deeper political implications. He argues that, in the absence of a malleable parliament, judge-made law became the instrument by which the Jacobean regime consolidated the Tudor conquest. The book also touches on the influence of the implementation of the law on the Irish coinage, Gaelic tenurial customs and religious conformity. More controversial themes include the origins of precedent in the Anglo-American legal tradition, the use of continental civil law in common law litigation and the relationship of early modern Ireland to the development of an imperial jurisprudence."

Preface
Abbreviations
Introduction
Law as an instrument of colonization
Sir John Davies: a biographical sketch
Ireland and the origins of stare decisis
Judicial Encounters: The Native Community
The cases of gavelkind and tanistry: legal imperialism in Ireland, 1603-1610
The case of the Bann fishery
Judicial Encounters: The Colonial Community
The mandates controversy and the case of Robert Lalor
The case of customs payable for merchandise
The case of mixed money
Conclusion
Sir John Davies, the ancient constitution and civil law
Notes
Select bibliography
Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780521526579
ISBN-10: 0521526574
Series: Cambridge Studies in the History and Theory of Politics
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 260
Published: 28th February 2003
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 21.7 x 14.2  x 1.7
Weight (kg): 0.34