Английская Википедия:Institutes of the Lawes of England

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The Institutes of the Lawes of England are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644.[1] Widely recognized as a foundational document of the common law, they have been cited in over 70 cases decided by the Supreme Court of the United States,[2] including several landmark cases. For example, in Roe v. Wade (1973),[3] Coke's Institutes are cited as evidence that under old English common law, an abortion performed before quickening was not an indictable offence. In the much earlier case of United States v. E. C. Knight Co. (1895),[4] Coke's Institutes are quoted at some length for their definition of monopolies.[5] The Institutes's various reprinted editions well into the 19th century is a clear indication of the long lasting value placed on this work throughout especially the 18th century in Britain and Europe. It has also been associated through the years with high literary connections. For example, David Hume in 1764 requested it from the bookseller Andrew Millar in a cheap format for a French friend.[6]

Contents

Файл:Portrait of Edward Coke (1669) by R White.jpg
A portrait of Edward Coke from the frontispiece of The Third Part of the Institutes of the Laws of England (4th ed., 1669)[7]

First Part

Шаблон:See also The First Part's subtitle is a "Commentary upon Littleton", concerning land law and property law. Often called Coke on Littleton (abbreviated "Co. Litt."), it is a commentary on Thomas de Littleton's treatise on land tenure.[8]

Second Part

Шаблон:See also The Second Part's subtitle is "Containing the Exposition of Many Ancient and Other Statutes", particularly Magna Carta.[9]

Third Part

Шаблон:See also The Third Part's subtitle is "Concerning High Treason and other Please of the Crown and Criminal Causes".

Fourth Part

The Fourth Part's subtitle is "Concerning the Jurisdiction of the Courts".

Шаблон:Expand section

See also

Notes

Шаблон:Reflist

External links

Шаблон:Commons category

First editions

The Institutes of the Lawes of England are divided into four parts, the first editions of which are as follows:

Selected later editions
First Part of the Institvtes of the Lawes of England (1st ed., 1628, title page) Second Part of the Institutes of the Lawes of England (1st ed., 1642, title page)
Third Part of the Institutes of the Laws of England (1st ed., 1644, title page) Fourth Part of the Institutes of the Laws of England (1st ed., 1644, title page)
Title pages of the first editions of the First, Second and Third and Fourth Parts of the Institutes

Шаблон:Use British English Шаблон:Use dmy dates

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  1. ↑ Шаблон:Citation.
  2. ↑ LexisNexis search performed 1 May 2008. See also Impression Prods., Inc. v. Lexmark Int’l, Inc., 581 U.S. _, 137 S. Ct. 1523, 1532 (2017); Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. 519, 538 (2013).
  3. ↑ Roe v. Wade, Шаблон:Ussc.
  4. ↑ United States v. E. C. Knight Co., Шаблон:Ussc.
  5. ↑ See also Straus v. Victor Talking Machine Co., 243 U.S. 490, 501 (1917), in which the Supreme Court referred to the respondent’s restrictive practices (in violation of the principle of Coke”s Institutes, section 360, as ones that "have been hateful to the law from Lord Coke's day to ours."
  6. ↑ Шаблон:Cite web
  7. ↑ Шаблон:Citation.
  8. ↑ First published as Шаблон:Citation (the title is from the opening words of the text).
  9. ↑ See Second Part (1797)
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