History of the Criminal Law of England

1. Lectures on the Relation between Law and Public Opinion in England A. V. Dicey 2 authority 2 citations · 6 passages

   ch. 51 6 passages anchored here

   Stephen's History of the Criminal Law is cited repeatedly as the leading authority on the legal history of conspiracy and combination.

   Stephen, though a pronounced utilitarian, appears to incline towards the opinion that laws placing a check on usury might occasionally be useful as a means of preventing fraud.

2. The Law of Torts Sir Frederick Pollock 2 authority 2 citations · 5 passages

   1.—: acts of state. 3 passages anchored here · ch. 113 2 passages anchored here

   Stephen's work is quoted at length as the authoritative source for both the definition and the limits of the acts-of-state doctrine.

   (2) more particularly (in the words of Sir James Stephen), “an act injurious to the person or to the property of some person who is not at the time of that act a subject of her Majesty;

3. Institutes of Roman Law Gaius 1 neutral 1 citation

   consensv obligationes. (2)

   Explicitly cited ('cf. Stephen, Hist. of Criminal Law in England, 1, p. 30').

   Had it done so, however, the appropriation of the owner’s property by commodatarius, depositarius, or conductor rei would have constituted an unlawful inception of possession and so have been furtum, since Roman law, differing in this respect from English, does not as a rule transfer possession to such bailees but only detention.

4. Magna Carta: A Commentary on the Great Charter of King John William Sharp McKechnie 1 authority 1 citation · 5 passages

   ch. 229 5 passages anchored here

   Relied on throughout the criminal-procedure notes, including for correcting an error made by earlier historians.

   The mistake made by Hallam and others may have been in part the result of their neglecting the important modification undergone by the phrase “pleas of the Crown” between 1215 and the present day.

The harvest records where a citation is made: the paragraph in the citing book, and the chapter that paragraph stands in. It does not record which page of this text is meant. Where the citing text names a locus, you will find it in the quotation.