In the time period after 1776, there developed the fuel-saving

kitchen range with closed-in-fire between oven and hot-water tank,

hot and cold running water, the use of flushing toilets, Edmund

Cartwright's power weaving machine, Samuel Crompton's mule for

spinning many threads by waterpower in 1779, James Watt's steam

engine with steam pushing the piston both ways as well as rotary

motion and used in many kinds of factories instead of water power,

Henry Bessimer's inexpensive low carbon steel in 1856, iron and

steel bridges and ships, drilling and use of oil and natural gas

as fuel, Adam Smith's "Wealth of Nations" opining that competition

of the market could distribute resources best, Thomas Paine's

"Rights of Man", free trade, democracy, popular elections, secret

ballots, universal suffrage, civil service without patronage, Mary

Wollstonecraft's "Vindication of the Rights of Women", university

education for women (University of London), policemen (in London

in 1829), clipper ships (the final development of sailing before

steam), percussion caps on guns, Periodic Chart of chemical

elements, college degrees in biology, chemistry, and physics,

geology, Maxwell's theory of electromagnetism, Albert Einstein's

theory of relativity, quantum theory, laws of thermodynamics that

the energy of the universe is a constant amount but entropy always

increases, computers, decoding of the DNA sequence, Charles

Darwin's evolution, Joseph Lister's disinfectant in 1867, Edward

Jenner's smallpox vaccine, Louis Pasteur's germ theory of disease,

anesthetics, aspirin, insulin, penicillin, antibiotics, surgery to

replace body parts, tampon, contraceptive pill, discovery of

planet Uranus by observation and thence of Neptune and Pluto by

calculation from discrepancies in Uranus' orbit, Hubble space

telescope, Big Bang Theory, buses (horse-drawn from 1829 with 18

passengers), subways, trains (1804), public railway (1825, goods

drawn by engine and passengers by horse), steam ships, steel

ships, aircraft carriers, submarines, tanks, friction matches,

chewing gum, pajamas, gas street lamps, traffic lights and signs,

ambulances, concrete and asphalt highways, census in 1801,

children's playgrounds, knee length dresses, chemical artificial

fertilizers, substitution of steel for iron, trade unions, digital

watches, wrist watches, compact disks, intelligence tests,

personality tests, wool-combing machine, statistical analysis,

Bell curves, standard deviations, United Nations, carpet sweeper,

vacuum cleaner, central heating, apartment high rises, business

skyscrapers, electricity, electric lights, sewing machines, water

closets in richer houses (after 1778), cholera epidemics, sewers

for waste disposal, industrial revolution factories, labor

strikes, cars, tractors, Charles Dickens, ice boxes and

refrigerators, telephones, central heating with radiators, hot

water heaters by gas, gas ovens, humidifiers, canned food, four-

pronged forks, suits of matching jackets and trousers, zippers,

velcro, wall-to-wall carpeting, popular elections, airplanes,

photography, record players, frozen food; cast iron kitchen range

for cooking, baking, and boiling; radio, television, plastics,

submarines, economics, multinational corporations, weather

forecasting, Braille, airplanes, space ship to moon, factory

assembly lines, washing machines, dishwashers, sewing machine,

microwave ovens, copier machines, DNA evidence, nuclear bomb and

nuclear energy, guided missiles, quartz watches, bicycles,

artificial insemination and invitro fertilization, investment

advice, retirement planning, amusement parks, catalogue buying,

labor contracts, childrens' summer camps, teenage culture,

synthetic materials, typewriters, cardboard boxes, marketing

studies, factory assembly line, gene-mapping, animal cloning,

Internet, hiking and camping trips, world travel vacations,

telegraph, word processing, gas, oil, research, credit cards,

dental floss, camcorders, mass production, nursing homes, cameras,

copy machines, wheelchairs, hospital operations, artificial limbs,

organ transplants, pharmacies, public circulating libraries,

children's playgrounds, cosmetic surgery, physical exercising

equipment, vitamin pills, sports clubs, condominiums, molecules,

chromosomes, observatories, radar, sonar, nutrition, supermarkets,

disability insurance, liability insurance, chemical fertilizers,

DDT, record players, video tape recorders, retirement homes,

movies;, planned obsolescence, box-spring mattresses, brain scans,

x-rays, organized professional sports, dry cleaners, foreign

embassies, psychiatry, veterinarians, drug abuse, wage

garnishment, tractors, lawnmowers, breeding zoos, world wars,

nuclear deterrence, fingerprinting, forensic evidence, toxic

waste, acid rain, elevators, picture windows, sewing machines,

automation, cybernetics, pizza delivery, health insurance, Walt

Disney, satellite transmission, radiocarbon dating, ice cream, air

conditioning, ball point pens, school blackboards, bullets in

1890s, electronic mail, first law of thermodynamics: the

conservation of energy, the second law of thermodynamics:

potential energy turns into high-temperature thermal energy and

finally into low-temperature thermal energy, but these processes

are not reversible. The science of philology, on the meaning and

history of words began the concept of a natural development of

languages which conflicted with the theological view that God had

created all the different languages when he punished man for

trying to build an edifice to heaven by destroying the Tower of

Babel and dispersing the people into all parts of the world with

different languages derived from the original: Hebrew, so that

they could not communicate with each other. The science of geology

developed the concept of tremendous changes in the earth's surface

which altered horizontal layers of deposits, in which there were

fossils, which challenged the biblical notion of a world and all

its animals created in a week. In 1784, Lord Henry Cavendish

proved that the sole result of mixing hydrogen with oxygen was

water, thus disproving the theory of the four elements of air,

earth, fire, and water. In the United States, there was no king, a

separation of the executive, the legislative, and the judicial; a

separation of church and state, and no aristocratic titles.

In this time period the development of law includes abandonment of

common law crimes such as seditious libel in the United States,

negligence and duty of due care in the United States replacing the

English strict liability for torts, substitution of the caveat

emptor doctrine for the English sound price doctrine in contract

law in the United States, truth as a defense to charge of libel in

the United States, repeal in England of seven year requirement for

apprentices in 1814, married women's property acts beginning 1839:

(1. right to sue and be sued, 2. right to her own earnings, 3.

right to own real and personal property, 4. right to make

contracts 5. right to stay in family homestead with children,

right to custody of children if husband abandons her), divorce in

England by courts in 1857, in United States extension of grounds

for divorce beyond adultery, bigamy, and desertion to cruel

treatment, habitual drunkenness, and conviction of a felony and

finally no-fault divorce, decline of father's paramount claim to

the custody of his minor children in the absence of a strong

showing of misconduct or unfitness, tender years doctrine (in

England in 1839 mother to have custody of child under seven and to

have access over seven) and then best interests of child doctrine

in custody disputes, legal obligation for parents to support their

minor children, adoption about the 1850s; in England allowance of

women attorneys in 1922, women to vote in 1928, adultery by a

husband to be adjudged as culpable as adultery by a wife in 1923,

the rights of a mother over her child to be equal to those of a

father in 1924, and the rights of a woman to property to be the

same as those of a man in 1926; child labor laws, full religious

freedom with admission of nonconformists to the two universities

in England in 1871, probable cause instead of suspicion for search

and seizure, mandamus, rule against perpetuities, mandatory

secondary education, kidnapping, false impersonation, liens,

obscenity, estoppel for detrimental reliance on a promise, unjust

enrichment, pensions, trademarks and unfair competition,

antitrust, privacy, freedom of thought, freedom of speech, freedom

of the press, bankruptcy, civil rights, union organizing laws,

laws on discrimination due to race, sex, ethnic or national

origin, disability, age, and sexual preference; sexual harassment

and stalking laws, product liability, international law,

environmental laws protecting air and water quality, workers

compensation, unemployment compensation, controlled substances,

intellectual property law; and contingency fees only in the United

States,

In England, there was an end of trial by combat in 1819, of

compurgation in 1833, and of benefit of clergy. In 1820, there

were 160 offenses in England with the death penalty, including

stealing from a dwelling house to the value of 40s., stealing from

a shop to a value of 5s., and stealing anything privily from the

person. The penalty for treason was still drawing and quartering.

It was a privilege of the peerage to be immune from any punishment

upon a first conviction of felony. As of 1823, church courts could

no longer decide cases of perjury; as of 1855, no cases of

defamation, but only church matters. Hearsay rules and exceptions

were developed in the 1800s. In 1816, jurors were to have no

knowledge except the evidence accepted at court. In 1837, counsel

for a person indicted for high treason could examine and cross-

examine witnesses. In 1839, a defendant could see the written

record of evidence against him. In 1898, the accused was allowed

to give evidence. Pleaders do not have to specify the form of

action relied on, but rather give facts which give rise to a cause

of action.

Judicial procedure includes grand juries, which hear evidence,

court transcript by court stenographers, discovery, depositions,

and presumption of innocence (after Salem witch trials in the

United States). The United States changed judicial procedure in

several respects: parties were allowed to testify, writ pleading

was abandoned, and prisons were used for reforming prisoners.

Debtors prisons were abolished. Also, the law was seen not as

divinely inspired eternal law to be found by judges, but law made

by man to suit the times. State judges served for life during good

behavior; they could be removed by the procedure of impeachment.

In some states, judges were elected. There were privileges on

testimony such as attorney-client, priest-confessor, and husband-

wife.

- - - Appendix: Sovereigns of England - - -

Accession - Name -

871 Alfred the Great

899 Edward the Elder son of Alfred

924 AEthelstan son of Edward the Elder

939 Edmund son of Edward the Elder

946 Eadred son of Edward the Elder

955 Eadwig son of Edmund

959 Edgar son of Edmund

975 Edward the Martyr son of Edgar

978 AEthelred the Unready son of Edgar

1016 Edmund Ironside son of AEthelred the Unready

1016 Canute

1035 Harold I Harefoot son of Canute

1040 Hardicanute son of Canute

1042 Edward the Confessor son of Aethelred the Unready

1066 Harold II

1066 William I, the Conquerer

1087 William II son of William I

1100 Henry I (and Matilda) son of William I

1135 Stephen

1154 Henry II (and Eleanor) grandson of Henry I

1189 Richard I, the Lion-Hearted son of Henry II

1199 John son of Henry II

1216 Henry III son of John

1272 Edward I (and Eleanor) son of Henry III

1307 Edward II son of Edward I

1327 Edward III son of Edward II

1377 Richard II grandson of Edward III

1399 Henry IV

1413 Henry V son of Henry IV

1422 Henry VI son of Henry V

1461 Edward IV

1483 Edward V son of Edward IV

1483 Richard III

1485 Henry VII (and Elizabeth)

1509 Henry VIII son of Henry VII

1547 Edward VI son of Henry VIII

1553 Mary daughter of Henry VIII

1558 Elizabeth I daughter of Henry VIII

1603 James I

1625 Charles I son of James I

1649 Oliver Cromwell

1660 Charles II son of Charles I

1685 James II son of Charles I

1689 William and Mary

1694 William III

1702 Anne granddaughter of James II

1714 George I

1727 George II son of George I

1760 George III son of George II

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182. Home, A Short History of an Idea, Witold Rybczynski, 1986

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2. The Beginnings of English Society, Dorothy Whitelock, 1952

3. English Society in the Early Middle Ages, Doris Stenton, 1951

4. England in the Late Middle Ages, A.R. Myers, 1952

5. Tudor England, S.T. Bindoff, 1950

6. England in the Seventeenth Century, Maurice Ashley, 1952

THE END

INDEX

Our Legal Heritage, King AEthelbert, 596 to King George III, 1775 · 第 66 / 67 段