Reflections on Law And History

This is the third collection of papers read at meetings of the Irish Legal History Society during 2000-4, along with some other papers on Irish legal history. Contents: D.S. Greer (QUB), Truck in Donegal in the 1890s; James McGuire (UCD), Sir Richard Nagle; James Kelly (DCU, St Patrick's), The making of law in 18th-century Ireland; Frank Callanan (Barrister) , T.M. Healy; Hector MacQueen, Legal nationalism; W.N. Osborough (UCD), The quest for the last testament of Christopher Wandesford, lord deputy of Ireland; Felix Larkin, Judge Bodkin and the 1916 Rising: a letter to his son; Gerard O'Brien (UU, Coleraine) , Capital punishment in Ireland, 1924-64; D.S. Greer, The Irish court for crown cases reserved; Mark Finnane, Irish criminal justice statistics in the later 19th century; Desmond McCabe, Petty sessions in 19th-century Ireland; Brian Griffin (Bath College), Prevention and detection of crime, 1836- 1900; Concluding essay by Ronan Keane.

IRISH LEGAL HISTORY SOCIETY PUBLICATIONS

vii

EDITOR'S PREFACE

ix

LIST OF CONTRIBUTORS

xvii

LIST OF ILLUSTATIONS

xix

LIST OF ABBREVIATIONS

xx

PERSONALITIES

Wills that go missing: the quest for the last testament of Christopher Wandesford, lord deputy of Ireland, 1640

1

W.N. Osborough

A lawyer in politics: the career of Sir Richard Nagle, c.1636—1699

18

James McGuire

Dicey and the sovereignty of parliament: lessons from Irish legal history

32

John McEldowney

T.M. Healy: the politics of advocacy

51

Frank Callanan

Judge Bodkin and the 1916 Rising: a letter to his son

67

Felix M. Larkin

Legal nationalism: the case of Lord Cooper

83

Hector L. MacQueen

CRIME AND PUNISHMENT

Prevention and detection of crime in nineteenth-century Ireland

99

Brian Griffin

Open court: law and the expansion of magisterial jurisdiction at petty sessions in nineteenth-century Ireland

126

Desniond McCabe

A security against illegality? The reservation of crown cases in nineteenth-century Ireland

163

Desmond Greer

Irish crime without the outrage: the statistics of criminal justice in the later nineteenth century

203

Mark Finnane

Capital punishment in Ireland, 1922-1964

223

Gerard O'Brien

THE MAKING OF LAW

The making of law in eighteenth-century Ireland: the significance and import of Poynings' law

259

James Kelly

'Middling hard on coin': truck in Donegal in the 1890's

278

Desmond Greer

The 'one judgment rule' in the supreme court

307

Ronan Keane

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Reflections on Law And History

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