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Essays in Law and History for David Ibbetson: Querella

Coming Soon Essays in Law and History for David Ibbetson: Querella

Essays in Law and History for David Ibbetson: Querella

Author: Joe Sampson; Stelios Tofaris
Publisher: Hart Publishing
ISBN: 9781509970698

Published In: June 2026
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509970650

List Price: HKD 714.87

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"Over the last 40 years, David Ibbetson has paved the way in a remarkably broad range of fields.

In ancient law, his scholarship has spanned both the detailed doctrine of the Roman law of obligations and the cross-pollination of legal influences around the ancient Mediterranean. His work on English legal history has ranged from the earliest days of the common law through to the turn of the 20th century, combining forensic archival research with a sensitivity to how lawyers thought about their subject. In European legal history, Ibbetson has shown the porousness of the civil law and the extent to which it has been shaped by other areas of intellectual life, from theology to rationalist philosophy.

The contributions in this volume mirror both the breadth and the depth of Ibbetson’s scholarship. The book combines chapters from the leading scholars of Ibbetson’s generation in his own and cognate fields, as well as a dozen of Ibbetson’s own doctoral students. All have offered chapters that build upon or respond to Ibbetson’s ideas, whether in published form or that have arisen out of his provocative style of teaching. It concludes with Ibbetson’s own valedictory lecture on the importance of legal history to modern approaches to legal practice and scholarship.

1. Introduction, Joe Sampson and Stelios Tofaris (University of Cambridge, UK)

2. Acta et Agenda, David Ibbetson (University of Cambridge, UK)

Part One: Ancient Law

3. Theft of Incorporeal Property in Roman Law, Helen Scott (University of Cambridge, UK)

4. D.9.2.27.14 (Ulp 18 Ad Ed): Weeds in the Digest, Wolfgang Ernst (University of Oxford, UK)

5. Felling Trees in Mesopotamia and Rome, Joe Sampson (University of Cambridge, UK)

Part Two: English Legal History

6. Taking Thirteenth-Century Statutes Seriously: The Strange History of Remedies Based on Chapter 7 of the Statute of Gloucester (1278), Paul Brand (University of Oxford, UK)

7. John Selden’s Commonplace-Book (1608), John Baker (University of Cambridge, UK)

8. Early Seventeenth-Century Common Injunctions, Neil Jones (University of Cambridge, UK)

9. The Burden of Proof in English Criminal Proceedings After the Revolution, Mike Macnair (University of Oxford, UK)

10. Motive and Malice Prepensed, Joshua Getzler (University of Oxford, UK)

11. Dogs, Dons and Monkeys: Legal Liability for Domestic Animals, Warren Swain (University of Auckland, New Zealand)

Part Three: Comparative Legal History

12. Peer Reviewing Cujas: Gentili’s Commentary on Cujas’s Consilia, Alain Wijffels (University of Leiden & Ku Leuven, Belgium)

13. The Use of Civilian Material in Star Chamber, Ian Williams (University College London, UK)

14. The Concept of Treason in the British Empire in the Later 19th Century: South Africa, England, Ireland, Michael Lobban (University Of Oxford, UK)

15. Rome in the Antipodes: Emphyteusis and the Australian Perpetual Lease, Paul Babie (University of Adelaide, Australia)

16. Specific Performance and the Indian Contract Act: History, Theory and Politics, Stelios Tofaris (University of Cambridge, UK)

17. Path Dependence and French Administrative Law, John Bell (University of Cambridge, UK)

Part Four: History and Modernity

18. Law in Henry James’s Early Fiction, Paul Mitchell (University College London, UK)

19. To be confirmed

20. Historical Insights into Contemporary Legal Problems: The 2020 Reforms of the Law of Civil Contempt, David Foxton (Justice of the High Court, UK)

21. Tort and Stability, Matt Dyson (University of Oxford, UK) and Emily Gordon (University College London, UK)

22. “Unofficial Law”, Doctrinal Change, and Judicial Review of Prerogative Powers, David Feldman (University of Cambridge, UK)

23. Judges, Jurists and Style, Jonathan Morgan (University of Cambridge, UK)

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