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Introduction

Published online by Cambridge University Press:  28 October 2009

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Summary

The reform of the law was William Sheppard's continuing professional interest from his first legal writing of 1631 to the preparation of his last book, published posthumously in 1675. Law reform, a term used widely in the seventeenth century, could be broadly defined as an effort to achieve a greater degree of justice, an exercise that might be accomplished through procedural reform or by altering the laws themselves. It could also mean the endeavor to gain a better understanding of legal principles or to publicize what was known of the settled law. More practically, it could involve an effort to facilitate a greater efficiency in the administration of justice. A particular interest in law reform had developed by the turn of the seventeenth century because the manner in which the law had been evolving had created serious impediments to swift, certain justice. These developments were tied directly to the conventions and the structure of the court system, historical problems that were not resolved until the nineteenth century. The variety of jurisdictions that had developed by the late sixteenth century both allowed for and precipitated the adoption of procedural innovations, an increased use of fictions and a progressive decline in the usage of original actions in favor of more flexible procedures. These changes in turn produced multiple suits and increases in both costs and delays. The concomitant rise of new demands placed upon the courts by changing economic and social conditions in the society gave a boost to the jurisdictions exercised by star chamber and chancery.

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Publisher: Cambridge University Press
Print publication year: 1985

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  • Introduction
  • Nancy L. Matthews
  • Book: William Sheppard, Cromwell's Law Reformer
  • Online publication: 28 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522697.003
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  • Introduction
  • Nancy L. Matthews
  • Book: William Sheppard, Cromwell's Law Reformer
  • Online publication: 28 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522697.003
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Nancy L. Matthews
  • Book: William Sheppard, Cromwell's Law Reformer
  • Online publication: 28 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522697.003
Available formats
×