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Library · Part E: People

Legends of the World Bar & Bench

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1552–1634

Sir Edward Coke

The common law against the Crown

Chief Justice of the Common Pleas and then the King's Bench, Coke insisted that even the King was under the law. In Dr Bonham's Case (1610) he suggested that courts could control Acts of Parliament contrary to common right and reason, and in the Case of Proclamations (1610) that the King could not create new offences by proclamation. He drafted the Petition of Right (1628), and his Institutes of the Lawes of England shaped legal education for centuries.

  • Dr Bonham's Case (1610).
  • Drafted the Petition of Right (1628).
Quick check: Who drafted the Petition of Right (1628)?
  1. Sir Edward Coke
  2. Francis Bacon
  3. Matthew Hale
  4. John Selden

Answer: A.

1561–1626

Francis Bacon

A Lord Chancellor impeached

Philosopher, essayist and Lord Chancellor of England, Francis Bacon was impeached by Parliament in 1621 for taking bribes from litigants. He admitted the charges, was fined and briefly imprisoned in the Tower, and never held office again.

  • Impeached for bribery in 1621.

1705–1793

Lord Mansfield

Father of English commercial law

As Lord Chief Justice (1756–88), William Murray, Lord Mansfield, integrated mercantile custom into the common law of contracts, insurance and negotiable instruments, earning the title "father of English commercial law". In Somerset v. Stewart (1772) he freed an enslaved man held on a ship in England.

  • Father of English commercial law.
  • Somerset v. Stewart (1772).
Quick check: Who is regarded as the father of English commercial law?
  1. Lord Eldon
  2. Lord Denning
  3. Lord Mansfield
  4. Sir Edward Coke

Answer: C.

1867–1944

Lord Atkin

The neighbour principle and a famous dissent

James Atkin, born in Australia, formulated the "neighbour principle" in Donoghue v. Stevenson (1932). In Liversidge v. Anderson (1941) he dissented alone against the detention of a man on the Home Secretary's mere belief, writing that "amid the clash of arms, the laws are not silent" and accusing his colleagues of being "more executive-minded than the executive".

  • Neighbour principle (1932).
  • Dissent in Liversidge v. Anderson (1941).
Quick check: Whose dissent in Liversidge v. Anderson (1941) declared that "amid the clash of arms, the laws are not silent"?
  1. Lord Diplock
  2. Lord Reid
  3. Lord Atkin
  4. Lord Denning

Answer: C.

1899–1999

Lord Denning

The people's judge

Alfred Thompson Denning was Master of the Rolls from 1962 to 1982, the most celebrated English judge of the 20th century, known for his vivid judgments and his readiness to bend precedent in the name of justice. He developed promissory estoppel (High Trees, 1947) and the deserted wife's equity. His books, such as The Discipline of Law and The Due Process of Law, are favourites of Indian law students.

  • Master of the Rolls, 1962–82.
  • Lived to 100.
Quick check: Lord Denning held which office from 1962 to 1982?
  1. Senior Law Lord
  2. Lord Chief Justice
  3. Lord Chancellor
  4. Master of the Rolls

Answer: D.

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