Sir John Davies and the conquest of Ireland: a study in legal imperialism

Sir John Davies and the conquest of Ireland: a study in legal imperialism

Sir John Davies and the conquest of Ireland: a study in legal imperialism

Law of the United Kingdom and Ireland > Ireland (Eire) > Ireland (Eire) > Legal aid > General works > KDK156

Edition Details

  • Creator or Attribution (Responsibility): Hans Scott Pawlisch
  • Language: English
  • Jurisdiction(s): England
  • Publication Information: Cambridge [Cambridgeshire] ; New York : Cambridge University Press, 1985
  • Publication Type (Medium): History
  • Material: Internet resource
  • Type: Book, Internet Resource
  • Series title: Cambridge studies in the history and theory of politics.
  • Permalink: (Stable identifier)

Additional Format

Online version: Pawlisch, Hans S. (Hans Scott). Sir John Davies and the conquest of Ireland. Cambridge [Cambridgeshire] ; New York: Cambridge University Press, 1985 (OCoLC)765799648

Short Description

X, 244 pages ; 23 cm.

Purpose and Intended Audience

Useful for students learning an area of law, Sir John Davies and the conquest of Ireland: a study in legal imperialism is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

  • Responsable Person: Hans S. Pawlisch.
  • Publication Date: 1985
  • Country/State: England
  • Number of Editions: 12 editions
  • First edition Date: 1985
  • Last edition Date: 2002
  • Languages: British English
  • Library of Congress Code: KDK156
  • Dewey Code: 340.11509415
  • ISBN: 0521253284 9780521253284
  • OCLC: 10752055

Publisher Description:

This study examines the Law Reports of Sir John Davies and litigation pleaded before the central Irish courts during the period in which Davies served in Ireland as solicitor-general (1603-6) and attorney-general (1606-19). The author’s main concern is to explicate the legal and jurisprudential issues involved and to draw out their deeper political implications. He argues that, in the absence of a malleable parliament, judge-made law became the instrument by which the Jacobean regime consolidated the Tudor conquest. The book also touches on the influence of the implementation of the law on the Irish coinage, Gaelic tenurial customs and religious conformity. More controversial themes include the origins of precedent in the Anglo-American legal tradition, the use of continental civil law in common law litigation and the relationship of early modern Ireland to the development of an imperial jurisprudence.

Table of Contents

Part I. Introduction: 1. Law as an instrument of colonization
2. Sir John Davies: a biographical sketch
3. Ireland and the origins of stare decisis
Part II. Judicial Encounters: The Native Community: 4. The cases of gavelkind and tanistry: legal imperialism in Ireland, 1603-1610
5. The case of the Bann fishery
Part III. Judicial Encounters: The Colonial Community: 6. The mandates controversy and the case of Robert Lalor
7. The case of customs payable for merchandise
8. The case of mixed money
Part IV. Conclusion: 9. Sir John Davies, the ancient constitution and civil law
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