Legal academic, writer, researcher with interest in English and Irish land law and Legal history, African traditional law and culture, Legal anthropology and more recently, slavery and the slave trade.
previously unpublished MSS commissioned by Granville Sharp of proceedings in the King (Thomas Lew... more previously unpublished MSS commissioned by Granville Sharp of proceedings in the King (Thomas Lewis) v Stapylton, Somerset v Stuart (1st hearing), and Gregson v Gilbert (the Zong) (including the declaration, chief mate Kelsall's deposition, and doubts about the story: did it really happen? Hart, 2017.
“The number of cases, some unreported, is extraordinary and will be a boon to legal historians working on colonial slavery. This book augments the extant scholarship on slave status and Somerset, as it lends additional sources to further develop and understand these complex legal issues.” – Justine Keli Collins, Max Planck Institute for European Legal History, Rechtsgeschichte – Legal History
Transcripts of the surviving statutes from manuscripts in Marsh's Library and surviving printed s... more Transcripts of the surviving statutes from manuscripts in Marsh's Library and surviving printed statutes in UCD, King Inns and the UK House of Lords Record Office, ptinted editions minutely compared by John Bergin of Queen's Belfast.
From about the 1690s to 1720 the Irish House of Lords attempted to assert a right to be the final... more From about the 1690s to 1720 the Irish House of Lords attempted to assert a right to be the final appeal court in Ireland. This attempt was brought to an end in 1720 with the passing of the Declaratory Act of the GB parliament. At the end of the century Irish institutions attained a greater degree of autonomy as part of "Grattan's Parliament" and the Irish House became the final appellate court until the Union of 1801. The book examines for the first time the work of the court, its procedural development, including development of conventions which assimilated its procedure to that of a court rather than a debating chamber, its contribution to substantive law and the personalities of the judges, who were professional lawyers. It also deals with the political background and the procedure in the superior courts and the Irish court of Exchequer Chamber of 1800 which became a model for the English court of that name in 1830 and for the later Courts of Appeal.
Reports of cases in the Irish Court of Exchequer from a contemporary MS (in Singleton Collection,... more Reports of cases in the Irish Court of Exchequer from a contemporary MS (in Singleton Collection, Columbia University). Extensive introduction to the Irish legal system in early 18th century, especially with reference to the Court of Exchequer. Discussion of the office of the irish master of the rolls, and various substantive law issues, including the Navigation Acts and their effect on Ireland, conditional bonds at law and in equity, examples of estoppel. Biographies of th judges and assessment of their judicial contribution.
The Linnean v35 no1 Apr 2019.
More detail on David Lyall, antarctic and arctic explorer and plant... more The Linnean v35 no1 Apr 2019. More detail on David Lyall, antarctic and arctic explorer and plant collector. Descendants, artefacts.
Examines a famous case from the colonial period in which African values clashed with the imported... more Examines a famous case from the colonial period in which African values clashed with the imported common law. The study uses files of colonial administrators in which they express their reaction. A father's liability for his son's transgressions was regarded as unjust by the standards of an individualised system, whereas the family was the unit of responsibility in the African concept and the father represented the family. Some colonial administrators understood this, some did not, and did not want to.
Albert Hermann Post (1839-1895) is an almost forgotten figure in the history of legal anthropolog... more Albert Hermann Post (1839-1895) is an almost forgotten figure in the history of legal anthropology, yet he was the first anthropologist to propose the study of the legal relations of indigenous peoples. His questionnaire is presented here in English for the first time. It was distributed in the 1890s and the answers, from Cameroon, Mali, Western Sudan, Uganda, German East Africa, German South West Africa, Madagascar, and the Solomon and Marshall Islands, were published by Steinmetz in 1903, after Post’s death. The questionnaire gives an insight into the state of German anthropology at the time and, however naïve the method, the answers provide in many cases the only written evidence for the period on the societies studied. The article also considers Hildebrandt’s reassessment of Post and gives an account of the circumstances leading up to the distribution of Joseph Kohler’s later questionnaire.
I developed this bibliography over a number of years in teaching a 2 semester course. Any interes... more I developed this bibliography over a number of years in teaching a 2 semester course. Any interested academic is free to download and use it, although perhaps s/he would be good enough to acknowledge it if used. It is not intended to be comprehensive, but to include what I found the most interesting and insightful books and articles and most suitable for teaching a course and engaging the interest of students.
Biographical study of the 19th century naval surgeon and botanical collector. He was a member of ... more Biographical study of the 19th century naval surgeon and botanical collector. He was a member of the Ross Expedition to the Antarctic Collected Ranunculus lyallii, the giant New Zealand buttercup. The genus Lyallia (patch plants) was named after him by Sir Joseph Dalton Hooker. Also on Belcher expedition to find Sir John Franklin.
Are easements attached to land or to estates in land? In Wall v Collins the Court of Appeal took ... more Are easements attached to land or to estates in land? In Wall v Collins the Court of Appeal took the view that they were attached to, or appurtenant to, land. The Law Commission in a Consultation Paper considered that this was (a) wrong in theory and (b) created practical problems. The purpose of this note is to argue that the common law theory was and remains, that easements are attached to land, but that the practice of land registry has introduced, apparently without debate, the confusing and we believe incorrect, notion that they are in some sense “attached to” estates in land. The note also makes the point that although “land”, as the dominant or servient tenement, primarily connotes its three physical dimensions, the “fourth dimension”, i.e. the notion of estate, is relevant also in some instances.
The article examines the the statute Quia Emptores 1290 which had a profound and lasting effect o... more The article examines the the statute Quia Emptores 1290 which had a profound and lasting effect on the development of land law in England and Ireland. Its modification in Ireland and devices to avoid it gave a distinct character to Irish land law and the statute, despite its repeal in England and its repeal, with an exception, in Ireland, continues to affect basic doctrines of tenure and reversion in both countries. For a briefer account, see my book Land Law in Ireland, 3rd edition, pp. 104-109.
previously unpublished MSS commissioned by Granville Sharp of proceedings in the King (Thomas Lew... more previously unpublished MSS commissioned by Granville Sharp of proceedings in the King (Thomas Lewis) v Stapylton, Somerset v Stuart (1st hearing), and Gregson v Gilbert (the Zong) (including the declaration, chief mate Kelsall's deposition, and doubts about the story: did it really happen? Hart, 2017.
“The number of cases, some unreported, is extraordinary and will be a boon to legal historians working on colonial slavery. This book augments the extant scholarship on slave status and Somerset, as it lends additional sources to further develop and understand these complex legal issues.” – Justine Keli Collins, Max Planck Institute for European Legal History, Rechtsgeschichte – Legal History
Transcripts of the surviving statutes from manuscripts in Marsh's Library and surviving printed s... more Transcripts of the surviving statutes from manuscripts in Marsh's Library and surviving printed statutes in UCD, King Inns and the UK House of Lords Record Office, ptinted editions minutely compared by John Bergin of Queen's Belfast.
From about the 1690s to 1720 the Irish House of Lords attempted to assert a right to be the final... more From about the 1690s to 1720 the Irish House of Lords attempted to assert a right to be the final appeal court in Ireland. This attempt was brought to an end in 1720 with the passing of the Declaratory Act of the GB parliament. At the end of the century Irish institutions attained a greater degree of autonomy as part of "Grattan's Parliament" and the Irish House became the final appellate court until the Union of 1801. The book examines for the first time the work of the court, its procedural development, including development of conventions which assimilated its procedure to that of a court rather than a debating chamber, its contribution to substantive law and the personalities of the judges, who were professional lawyers. It also deals with the political background and the procedure in the superior courts and the Irish court of Exchequer Chamber of 1800 which became a model for the English court of that name in 1830 and for the later Courts of Appeal.
Reports of cases in the Irish Court of Exchequer from a contemporary MS (in Singleton Collection,... more Reports of cases in the Irish Court of Exchequer from a contemporary MS (in Singleton Collection, Columbia University). Extensive introduction to the Irish legal system in early 18th century, especially with reference to the Court of Exchequer. Discussion of the office of the irish master of the rolls, and various substantive law issues, including the Navigation Acts and their effect on Ireland, conditional bonds at law and in equity, examples of estoppel. Biographies of th judges and assessment of their judicial contribution.
The Linnean v35 no1 Apr 2019.
More detail on David Lyall, antarctic and arctic explorer and plant... more The Linnean v35 no1 Apr 2019. More detail on David Lyall, antarctic and arctic explorer and plant collector. Descendants, artefacts.
Examines a famous case from the colonial period in which African values clashed with the imported... more Examines a famous case from the colonial period in which African values clashed with the imported common law. The study uses files of colonial administrators in which they express their reaction. A father's liability for his son's transgressions was regarded as unjust by the standards of an individualised system, whereas the family was the unit of responsibility in the African concept and the father represented the family. Some colonial administrators understood this, some did not, and did not want to.
Albert Hermann Post (1839-1895) is an almost forgotten figure in the history of legal anthropolog... more Albert Hermann Post (1839-1895) is an almost forgotten figure in the history of legal anthropology, yet he was the first anthropologist to propose the study of the legal relations of indigenous peoples. His questionnaire is presented here in English for the first time. It was distributed in the 1890s and the answers, from Cameroon, Mali, Western Sudan, Uganda, German East Africa, German South West Africa, Madagascar, and the Solomon and Marshall Islands, were published by Steinmetz in 1903, after Post’s death. The questionnaire gives an insight into the state of German anthropology at the time and, however naïve the method, the answers provide in many cases the only written evidence for the period on the societies studied. The article also considers Hildebrandt’s reassessment of Post and gives an account of the circumstances leading up to the distribution of Joseph Kohler’s later questionnaire.
I developed this bibliography over a number of years in teaching a 2 semester course. Any interes... more I developed this bibliography over a number of years in teaching a 2 semester course. Any interested academic is free to download and use it, although perhaps s/he would be good enough to acknowledge it if used. It is not intended to be comprehensive, but to include what I found the most interesting and insightful books and articles and most suitable for teaching a course and engaging the interest of students.
Biographical study of the 19th century naval surgeon and botanical collector. He was a member of ... more Biographical study of the 19th century naval surgeon and botanical collector. He was a member of the Ross Expedition to the Antarctic Collected Ranunculus lyallii, the giant New Zealand buttercup. The genus Lyallia (patch plants) was named after him by Sir Joseph Dalton Hooker. Also on Belcher expedition to find Sir John Franklin.
Are easements attached to land or to estates in land? In Wall v Collins the Court of Appeal took ... more Are easements attached to land or to estates in land? In Wall v Collins the Court of Appeal took the view that they were attached to, or appurtenant to, land. The Law Commission in a Consultation Paper considered that this was (a) wrong in theory and (b) created practical problems. The purpose of this note is to argue that the common law theory was and remains, that easements are attached to land, but that the practice of land registry has introduced, apparently without debate, the confusing and we believe incorrect, notion that they are in some sense “attached to” estates in land. The note also makes the point that although “land”, as the dominant or servient tenement, primarily connotes its three physical dimensions, the “fourth dimension”, i.e. the notion of estate, is relevant also in some instances.
The article examines the the statute Quia Emptores 1290 which had a profound and lasting effect o... more The article examines the the statute Quia Emptores 1290 which had a profound and lasting effect on the development of land law in England and Ireland. Its modification in Ireland and devices to avoid it gave a distinct character to Irish land law and the statute, despite its repeal in England and its repeal, with an exception, in Ireland, continues to affect basic doctrines of tenure and reversion in both countries. For a briefer account, see my book Land Law in Ireland, 3rd edition, pp. 104-109.
Words such as "children" or "grandchildren", i.e. references to persons by way of description, po... more Words such as "children" or "grandchildren", i.e. references to persons by way of description, pose problems in wills and other documents. Does "grandchildren" of a testator mean grandchildren born at the time the will was made, or born up to the date of the testaor's death, or even all grandchildren born in future? Any legal system would have to have class-closing rules which determine when the class of "children" etc closes. The article examines the underlying policies giving rise to these rules. They represent the interplay of two policies: that property owners should have a vested interest at the earliest possible time - a market-based policy - and on the other hand a policy to avoid possible resentments and conflicts within families which could arise if some members of a class were to be excluded. The article concludes from examining different examples that where the two were in direct conflict, the market rule prevailed. The article discusses the class-closing rules in Ireland. It also takes into account the impact on the class-cling rules of the rule against perpetuities which was in force when the article was written, but which has now been abolished in the Republic of Ireland.
The material which forms the subject matter of this article constituted a chapter of a PhD thesis... more The material which forms the subject matter of this article constituted a chapter of a PhD thesis presented to London University in 1980.' The thesis was based largely on the answers to Kohler's questionnaire which was distributed by the German colonial authorities throughout what ...
The thesis examines the social basis of the property and
contractual relations of social groups... more The thesis examines the social basis of the property and
contractual relations of social groups in German East Africa. Chapter 1 oonsiders property relations arising principally from the labour of the producer. Social groups characterised by a communal mode of production are subdivided into shifting and stable sub-forms. In the first form, production units comprise production communities and family work-teams. In contrast to Meillassoux's study of the Guro, property relations are realised atthe level of the work-team. Land tenure in the two sub-forms differs, reflecting distinct practices in agriculture and labour organisation. Chapter 2 examines property relations arising from the direct appropriation of surplus labour by non-producers. Tributary and feudal modes of production are distinguished. Forms of tribute are examined. The 'bundle of rights' concept and Honore's theory of ownership are criticised. Chapter 3 concerns the social dissolution of the two previous forms of property due to the growth of commodity relations. Forms of sale, lease and mortgage are examined. The notion of 'absolute title' is analysed and comparisons with English Law made. Chapter 4 is a theoretical study of forms of exchange and corresponding legal relations. Chapter 5 applies aspects of the theory to contracts in East Africa. Contracts were generally not enforced. The significant point in the emergence of a law of contract was in debt relations. Generally loans were made without interest. In this case there is no distinction between restitution and enforcement of a promise. Instances of charging of interest are found where trade was developed. The Islamic rule against usury was found on the coast, but numerous exceptions developed. The enforcement of interest necessarily implies the enforcement of a promise and hence the emergence of a law of contract.
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“The number of cases, some unreported, is extraordinary and will be a boon to legal historians working on colonial slavery. This book augments the extant scholarship on slave status and Somerset, as it lends additional sources to further develop and understand these complex legal issues.” – Justine Keli Collins, Max Planck Institute for European Legal History, Rechtsgeschichte – Legal History
Extensive introduction to the Irish legal system in early 18th century, especially with reference to the Court of Exchequer. Discussion of the office of the irish master of the rolls, and various substantive law issues, including the Navigation Acts and their effect on Ireland, conditional bonds at law and in equity, examples of estoppel. Biographies of th judges and assessment of their judicial contribution.
Papers
More detail on David Lyall, antarctic and arctic explorer and plant collector. Descendants, artefacts.
The purpose of this note is to argue that the common law theory was and remains, that easements are attached to land, but that the practice of land registry has introduced, apparently without debate, the confusing and we believe incorrect, notion that they are in some sense “attached to” estates in land. The note also makes the point that although “land”, as the dominant or servient tenement, primarily connotes its three physical dimensions, the “fourth dimension”, i.e. the notion of estate, is relevant also in some instances.
“The number of cases, some unreported, is extraordinary and will be a boon to legal historians working on colonial slavery. This book augments the extant scholarship on slave status and Somerset, as it lends additional sources to further develop and understand these complex legal issues.” – Justine Keli Collins, Max Planck Institute for European Legal History, Rechtsgeschichte – Legal History
Extensive introduction to the Irish legal system in early 18th century, especially with reference to the Court of Exchequer. Discussion of the office of the irish master of the rolls, and various substantive law issues, including the Navigation Acts and their effect on Ireland, conditional bonds at law and in equity, examples of estoppel. Biographies of th judges and assessment of their judicial contribution.
More detail on David Lyall, antarctic and arctic explorer and plant collector. Descendants, artefacts.
The purpose of this note is to argue that the common law theory was and remains, that easements are attached to land, but that the practice of land registry has introduced, apparently without debate, the confusing and we believe incorrect, notion that they are in some sense “attached to” estates in land. The note also makes the point that although “land”, as the dominant or servient tenement, primarily connotes its three physical dimensions, the “fourth dimension”, i.e. the notion of estate, is relevant also in some instances.
The article examines the underlying policies giving rise to these rules. They represent the interplay of two policies: that property owners should have a vested interest at the earliest possible time - a market-based policy - and on the other hand a policy to avoid possible resentments and conflicts within families which could arise if some members of a class were to be excluded.
The article concludes from examining different examples that where the two were in direct conflict, the market rule prevailed.
The article discusses the class-closing rules in Ireland. It also takes into account the impact on the class-cling rules of the rule against perpetuities which was in force when the article was written, but which has now been abolished in the Republic of Ireland.
contractual relations of social groups in German East Africa. Chapter 1 oonsiders property relations arising principally from the labour of the producer. Social groups characterised by a communal mode of production are subdivided into shifting and stable sub-forms. In the first form, production units comprise production communities and family work-teams. In contrast to Meillassoux's study of the Guro, property relations are realised atthe level of the work-team. Land tenure in the two sub-forms differs, reflecting distinct practices in agriculture and labour organisation. Chapter 2 examines property relations arising from the direct appropriation of surplus labour by non-producers. Tributary and feudal modes of production are distinguished. Forms of tribute are examined. The 'bundle of rights' concept and Honore's theory of ownership are criticised. Chapter 3 concerns the social dissolution of the two previous forms of property due to the growth of commodity relations. Forms of sale, lease and mortgage are examined. The notion of 'absolute title' is analysed and comparisons with English Law made. Chapter 4 is a theoretical study of forms of exchange and corresponding legal relations. Chapter 5 applies aspects of the theory to contracts in East Africa. Contracts were generally not enforced. The significant point in the emergence of a law of contract was in debt relations. Generally loans were made without interest. In this case there is no distinction between restitution and enforcement of a promise. Instances of charging of interest are found where trade was developed. The Islamic rule against usury was found on the coast, but numerous exceptions developed. The enforcement of interest necessarily implies the enforcement of a promise and hence the emergence of a law of contract.