This study presents a full account of Sheppard's employment under Oliver Cromwell's Protectorate as well as an examination of his family background and education, his religious commitment to John Owen's party of Independents and his legal philosophy. An appraisal of all Sheppard's legal works, including those written during the Civil War and the Restoration period, illustrates the overlapping concerns with law reform, religion and politics in his generation. Sheppard had impressively consistent goals for the reform of English law and his prescient proposals anticipate the reforms ultimately adopted in the nineteenth century, culminating in the Judicature Acts of 1875-8. Dr Matthews examines the relative importance of Sheppard's books to his generation and to legal literature in general. The study provides a full bibliography of Sheppard's legal and religious works and an appendix of the sources Sheppard used in the composition of his books on the law.

This book provides an illuminating commentary of law reform in the early modern era (1500–1740) and views the moves to improve law and legal institutions in the context of changing political and governmental environments. Taking a fresh look at law reform over several centuries, it explores the efforts of the king and parliament, and the body of literature supporting law reform that emerged with the growth of print media, to assess the place of the well-known attempts of the revolutionary era in the context of earlier and later movements. Law reform is seen as a long term concern and a longer time frame is essential to understand the 1640–1660 reform measures. The book considers two law reform movements: the moderate movement which had a lengthy history and whose chief supporters were the governmental and parliamentary elites, and which focused on improving existing law and legal institutions, and the radical reform movement, which was concentrated in the revolutionary decades and which sought to overthrow the common law, the legal profession and the existing system of courts. Informed by attention to the institutional difficulties in completing legislation, this highlights the need to examine particular parliaments. Although lawyers have often been seen as the chief obstacles to law reform, this book emphasises their contributions – particularly their role in legislation and in reforming the corpus of legal materials – and highlights the previously ignored reform efforts of Lord Chancellors.

This book measures contemporary attitudes to the law - within and outside of the legal profession – to see how c17th century Englishmen defined the role of law in their society, to see what their expectations were of the law and how these expectations helped shape political debate – and ultimately determined political decisions – over the course of a very turbulent century.

This book investigates rhetorical and representational practices that were used to monitor English law at the turn of the seventeenth century. The late-Elizabethan and early-Jacobean surge in the policies and enforcement of the reformation of manners has been well-documented. What has gone unnoticed, however, is the degree to which the law itself was the focus of reform for legislators, the judiciary, preachers, and writers alike. While the majority of law and literature studies characterize the law as a force of coercion and subjugation, this book instead treats in greater depth the law's own vulnerability, both to corruption and to correction. In readings of Spenser's 'Faerie Queene', the 'Gesta Grayorum', Donne's 'Satyre V', and Shakespeare's 'Measure for Measure' and 'The Winter's Tale', Strain argues that the terms and techniques of legal reform provided modes of analysis through which legal authorities and literary writers alike imagined and evaluated form and character. Reevaluates canonical writers in light of developments in legal historical research, bringing an interdisciplinary perspective to works. Collects an extensive variety of legal, political, and literary sources to reconstruct the discourse on early modern legal reform, providing an introduction to a topic that is currently underrepresented in early modern legal cultural studiesAnalyses the laws own vulnerability to individual agency.

This book takes a look at the 'age of reform', from 1780 when reform became a common object of aspiration, to the 1830s - the era of the 'Reform Ministry' and of the Great Reform Act of 1832 - and beyond, when such aspirations were realized more frequently. It pays close attention to what contemporaries termed 'reform', identifying two strands, institutional and moral, which interacted in complex ways. Particular reforming initiatives singled out for attention include those targeting parliament, government, the law, the Church, medicine, slavery, regimens of self-care, opera, theatre, and art institutions, while later chapters situate British reform in its imperial and European contexts. An extended introduction provides a point of entry to the history and historiography of the period. The book will therefore stimulate fresh thinking about this formative period of British history.

The essays in this text deal with aspects of British legal learning. It traces the tradition of learning dating back to the Middle Ages and how the inns of court provided the equivalent of a legal university. The essays describe how before the middle of the 19th-century there was little formal provision of legal education in Britain and that law in the ancient universities was not intended to have practical value and entrance to the bar was not dependent upon written examination.

The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies. Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of "Balance of Equity" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.