'A Little Out of the Way Place': the civilians in England

Swain, Warren (2013) 'A Little Out of the Way Place': the civilians in England. Pandora's Box, 20 27-33.

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Name Description MIMEType Size Downloads
Author Swain, Warren
Title 'A Little Out of the Way Place': the civilians in England
Journal name Pandora's Box
ISSN 1835-8624
Publication date 2013
Sub-type Article (original research)
Volume 20
Start page 27
End page 33
Total pages 7
Place of publication St Lucia, QLD, Australia
Publisher Justice and the Law Society, University of Queensland
Collection year 2014
Language eng
Formatted abstract
The Civil law and Civilian ideas, meaning in this context the ius commune or Common law of Europe, which was ultimately derived from Roman law, were influential in shaping the direction of English law at certain points in the history of the Common law. Civil law had a more permanent place too. A number of domestic courts were governed by the Civil law as opposed to the Common law or Equity. The novelist Charles Dickens, whilst perhaps best remembered by lawyers for his satire on the Court of Chancery, also gave an account of the Civilian courts in his eponymous novel, David Copperfield. In it he described Doctors' Commons, the location of many of the Civilian courts and those who practised within them, as 'a little out of the way place - a place that has an ancient monopoly in suits about people's wills and people's marriages, and disputes among ships and boats'. Dickens worked as a court reporter in Doctors' Commons and wrote from personal experience. He made these observations in the 1840s, a mere decade before the 'ancient monopoly', and with it the specialist Civilian lawyers were swept away altogether.
Keyword Civilians
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2014 Collection
TC Beirne School of Law Publications
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Created: Sat, 23 Nov 2013, 11:17:49 EST by Warren Swain on behalf of T.C. Beirne School of Law