Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture

Mental Capacity and Legal Responsibility in American History Early U.S. jurisprudence with respect to consciousness and responsibility was marked by fundamental contradictions. Both the Revolution and the founding of the Republic were premised on a belief that the people were capable of self-govern...

Ownership and Possession in the Early Common Law

Much has been written on the possible influence of Roman or canon law on the early English common law of property. Maitland thought that the canonist\u27s actio spolii was the inspiration for the assize of novel disseisin. Sutherland argued that the assize borrowed from the Roman interdict unde vi. Milsom, by contrast, thinks that the early common-law writs must be understood within a feudal framework, and that the early common law took nothing from Roman law than the Latin language. This Article offers a new perspective on ownership and possession in the early common law. It examines the theoretical development of proprietary and possessory concepts in the ius commune as it would have been understood in England in the late twelfth century, taking into account the Liber pauperum and the early ordines as well as reports of ecclesiastical court cases. After surveying the current debate, the Article then turns to the advowson writs, which have not yet been studied as a possible example of Roman law influence. Finding some evidence of the ownership/possession distinction in the advowson writs, the Article comes to the conclusion that the possibility of influence from the ius commune is greater than Milsom thinks

Of reality: a society of selves

Of Reality: A Society of Selves is a series of photographs that challenge the viewer’s perception of reality. Through digital image manipulation, costumed, multiplicitous self-portraits merge with handcrafted miniature environments. With the goal of illustrating the complexity of existing within society, the resulting images examine the psychological process of perception as it relates to social interaction and identity

VI.—Raia undulata, Lacep., and its distribution on the British coasts

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Magna Carta and the Fundamental Right to Due Process

The 800th anniversary of Magna Carta has been marked by much pageantry and celebration. Some scholars have taken this opportunity to point out that the myth of Magna Carta is far greater than what the actual 1215 Charter managed to accomplish. Nevertheless, Magna Carta did make a meaningful and concrete contribution to due process in 1215, as shown by certain provisions that are seemingly overlooked by critics eager to downplay the Charter\u27s importance. This Article highlights two lesser known clauses of Magna Carta that had real contemporary significance in guaranteeing the availability of jury trial for some categories of civil litigation. The ringing promises of Clauses 39 and 40 may have inspired great jurists and founders of nations, but the more humble Clauses 17 and 18 – specifying the proper location and manner of hearing certain civil cases – must also be taken into account in assessing the Charter\u27s importance