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Title: Drunkards and lamp-posts : text and context in the common law
Author: Luther, Peter
ISNI:       0000 0004 2723 6814
Awarding Body: University of Essex
Current Institution: University of Essex
Date of Award: 2012
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This thesis consists of the text of five published articles, with the addition of a general introduction and a short conclusion. The general introduction (chapter one) identifies some common themes concerning the relationship between lawyers and the literature of their profession (specifically law reports and text-books). Chapter two [originally published as 'Campbell, Espinasse and the sailors: text and context in the common law (1999) Legal Studies 526] looks at the case of Stilk v Myrick (1809) in the law of contract, of which two distinct reports survive. The case is considered in the context of the history of law reporting, to explain how two different reports of the case might be produced, and is also placed in the context of the various rules of public policy which applied in the early nineteenth century to merchant seamen and their contracts. Chapter three [originally published as 'Williams v Hensman and the uses of history' (1995) 15 Legal Studies 219] looks at the statement by Sir William Page Wood VC of the ways in which a joint tenancy might be severed in Williams v Hensman (1861), and at the ways in which his words have been interpreted by later courts. It is suggested that it is a mistake to interpret Page Wood's summary of the law as ifit were a statutory text. Chapter four [originally published as 'Easements and exclusive possession' (1996) 16 Legal Studies 51] looks at the case of Copeland v Greenhalf (1952), and at the rules which govern when a claimed right may qualify as an easement. It is suggested that a closer examination of the historical background to the case shows that the key feature in the older case-law was the certainty of the right claimed, rather than its perceived effect on the servient owner. Chapter five [originally published as 'Fixtures and chattels: a question of more or less ... ' (2004) 24 Oxford Journal of Legal Studies 597] looks at the development of the law of fixtures, with particular reference to the impact of the earliest treatise on the topic, Amos and Ferard's Treatise on the law offixtures (1827). Chapter six [originally published as 'The foundations of Elitestone (2008) Legal Studies 574], also on aspects of the law of fixtures, explores the origins of the 'threefold classification' of objects brought onto land adopted by the House of Lords in Elitestone v Morris (1997), and suggests that there may be little historical basis for this classification.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available