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The Confederate JuristThe Legal Life of Judah P. Benjamin$
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William C. Gilmore

Print publication date: 2021

Print ISBN-13: 9781474482004

Published to Edinburgh Scholarship Online: January 2022

DOI: 10.3366/edinburgh/9781474482004.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 28 June 2022

The Rise and Rise of Benjamin the Barrister

The Rise and Rise of Benjamin the Barrister

Chapter:
(p.95) 4 The Rise and Rise of Benjamin the Barrister
Source:
The Confederate Jurist
Author(s):

William C. Gilmore

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474482004.003.0005

This charts the stellar rise of Benjamin from a humble junior in 1866, reliant to an extent for briefs from Confederate contacts and sympathisers, to his undisputed leadership of the English Bar in appellate cases, particularly before the House of Lords and the Judicial Committee of the Privy Council, by the time of his retirement in 1883. The factors contributing to this transformation, including the impact of his 1868 treatise on the law of sale and his ability to turn the apparent disadvantage of his origins within the civil law tradition of Louisiana into a significant asset in Scottish and colonial appeals, are identified and examined. The depth and breadth of his command of the law is illustrated especially through an analysis of Regina v Keyn before the Court of Crown Cases Reserved in 1876 – the case which many commentators, and Benjamin himself, regard as his greatest

Keywords:   English Bar, House of Lords appeals, Privy Council appeals, Civil law tradition, Law of sale, Regina v Keyn

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