Arbitration and Mediation in SeventeenthCentury England Derek Roebuck 9780957215313 Books
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Arbitration and Mediation in SeventeenthCentury England Derek Roebuck 9780957215313 Books
“THERE IS NO LAW TO WARRANT TORTURES IN THIS LAND”:THE SEVENTEENTH CENTURY SPEAKS TO TODAY AS REVEALED IN THIS LATEST BOOK IN DEREK ROEBUCK’S SERIES
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
It seems that any number of things that we hold dear in the twenty-first century came to fruition in the seventeenth, from the scientific method, to insurance policies, to the proliferation of coffee houses in which deal making was the order of the day.
Much of the rich tapestry of life in seventeenth century England is startlingly revealed by Derek Roebuck in this, the latest title in his series on arbitration and mediation, i.e. dispute resolution though the ages. Interestingly, it appears that arbitration and mediation -- rather than going to court – was the preferred method in the seventeenth century for the settlement of quarrels and disputes. By reading this book you can find out why this was so, as events and personalities are illuminated one after the other in rich and lively detail.
When the century was new, for example, Queen Elizabeth I wrote to the Lord Mayor of London telling him not to meddle in a dispute over insurance ‘as he was prone to do so by means of fictions.’ ‘She had no use for the Common Law courts and their technicalities and delays,’ says the author. ‘She wanted to promote trade, not fee lawyers.’
Intolerant of any further nonsense, the Queen got Francis Bacon to introduce legislation which, in 1601, provided a permanent arbitration commission to have “every cause concerning policies of assurance in a brief and summary course, as to their discretion shall seem meet, without formalities of pleadings of proceedings.” The commission, however, comprised two Doctors of Civil Law and two Common Lawyers as well as the Admiralty Judge, the Recorder of London and “eight grave and discreet merchants.”
Thus the book provides fascinating insights into the social attitudes and the temper of the time during this turbulent period. For instance, the chapter on Edward Coke, the Lord Chief Justice, contains much that is curiously relevant to a number of controversies that plague us today.
Coke, (pronounced ‘Cook’) was a brilliant but flawed character and prolific writer, who ‘…had more influence on the development of the Common Law,’ asserts Roebuck, ‘than anyone before or since.’ He was fundamentally against hanging and insisted that torture was against the law of England (even though it continued to be carried out at the time under certain controls).
‘There is no law to warrant tortures in this land,’ Coke wrote. ‘And there is no one opinion in our books, or judicial record (that we have seen or remember) for the maintenance of tortures.’ The current President of the United States and some of his supporters should take due note.
In brisk and compelling prose supported by numerous references to original sources, the author continues to enlighten not only academics, lawyers and the judiciary of course, but the general reader and yes, arbitrators and mediators whose strategies and methods are somewhat underrated these days.
Researchers especially, will appreciate the wealth of references cited in the extensive footnoting and in the astonishingly lengthy bibliography. At the back of the book there’s a handy glossary -- and do note the Chronology which lists key intellectual, legal and political developments on both sides of the Atlantic which together shaped the modern world.
The publication date is cited as at 2017.
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Arbitration and Mediation in SeventeenthCentury England Derek Roebuck 9780957215313 Books Reviews
“THERE IS NO LAW TO WARRANT TORTURES IN THIS LAND”
THE SEVENTEENTH CENTURY SPEAKS TO TODAY AS REVEALED IN THIS LATEST BOOK IN DEREK ROEBUCK’S SERIES
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
It seems that any number of things that we hold dear in the twenty-first century came to fruition in the seventeenth, from the scientific method, to insurance policies, to the proliferation of coffee houses in which deal making was the order of the day.
Much of the rich tapestry of life in seventeenth century England is startlingly revealed by Derek Roebuck in this, the latest title in his series on arbitration and mediation, i.e. dispute resolution though the ages. Interestingly, it appears that arbitration and mediation -- rather than going to court – was the preferred method in the seventeenth century for the settlement of quarrels and disputes. By reading this book you can find out why this was so, as events and personalities are illuminated one after the other in rich and lively detail.
When the century was new, for example, Queen Elizabeth I wrote to the Lord Mayor of London telling him not to meddle in a dispute over insurance ‘as he was prone to do so by means of fictions.’ ‘She had no use for the Common Law courts and their technicalities and delays,’ says the author. ‘She wanted to promote trade, not fee lawyers.’
Intolerant of any further nonsense, the Queen got Francis Bacon to introduce legislation which, in 1601, provided a permanent arbitration commission to have “every cause concerning policies of assurance in a brief and summary course, as to their discretion shall seem meet, without formalities of pleadings of proceedings.” The commission, however, comprised two Doctors of Civil Law and two Common Lawyers as well as the Admiralty Judge, the Recorder of London and “eight grave and discreet merchants.”
Thus the book provides fascinating insights into the social attitudes and the temper of the time during this turbulent period. For instance, the chapter on Edward Coke, the Lord Chief Justice, contains much that is curiously relevant to a number of controversies that plague us today.
Coke, (pronounced ‘Cook’) was a brilliant but flawed character and prolific writer, who ‘…had more influence on the development of the Common Law,’ asserts Roebuck, ‘than anyone before or since.’ He was fundamentally against hanging and insisted that torture was against the law of England (even though it continued to be carried out at the time under certain controls).
‘There is no law to warrant tortures in this land,’ Coke wrote. ‘And there is no one opinion in our books, or judicial record (that we have seen or remember) for the maintenance of tortures.’ The current President of the United States and some of his supporters should take due note.
In brisk and compelling prose supported by numerous references to original sources, the author continues to enlighten not only academics, lawyers and the judiciary of course, but the general reader and yes, arbitrators and mediators whose strategies and methods are somewhat underrated these days.
Researchers especially, will appreciate the wealth of references cited in the extensive footnoting and in the astonishingly lengthy bibliography. At the back of the book there’s a handy glossary -- and do note the Chronology which lists key intellectual, legal and political developments on both sides of the Atlantic which together shaped the modern world.
The publication date is cited as at 2017.
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