A Natural History of the Common Law

Pollock and Maitland's History of English Law (introduction and bibliography to reissue of 1968; Cambridge University Press). 12.Historical Foundations of the Common Law (London, 1969, 2d ed. 1981). 13.Review of Grant Gilmore's The ...

Author: S. F. C. Milsom

Publisher: Columbia University Press

ISBN: 0231503490

Category: History

Page: 184

View: 676

How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law—the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases—from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.

Common Law Civil Law and Colonial Law

For problems with 'legal systems' as a basis for comparison, see, e.g. Gordley, 'Comparative Law and Legal History', 761–4, Dyson, 'Comparative Legal History', 114–16. S. F. C. Milsom, The Natural History of the Common Law (New York, ...

Author: William Eves

Publisher: Cambridge University Press

ISBN: 1108845274

Category: History

Page: 278

View: 585

A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.

The Theory and Development of Common law Actions

CHAPTER I NATURAL HISTORY OI : REMEDIAL LAW . Early Procedure . ... 13 CHAPTER III NATURAL HISTORY OF REMEDIAL LAW.- Continued . Early Remedial Law in ... Classification of Actions in Common - law System ..... 36 CHAPTER V NATURAL ...

Author: Thomas A. Street

Publisher: Beard Books

ISBN: 9781893122253

Category: Law

Page: 572

View: 718

The Oxford History of the Laws of England Volume II

—Historical Foundations of the Common Law (2nd edn, London, 1981). —Studies in the History of the Common Law (London, 1985). —A Natural History of the Common Law (New York, 2003). —'Trespass from Henry III to Edward III', in his Studies ...

Author: John Hudson

Publisher: OUP Oxford

ISBN: 0191630039

Category: Law

Page: 984

View: 339

This volume in the landmark Oxford History of the Laws of England series, spans three centuries that encompassed the tumultuous years of the Norman conquest, and during which the common law as we know it today began to emerge. The first full-length treatment of all aspects of the early development of the English common law in a century, featuring extensive research into the original sources that bring the era to life, and providing an interpretative account, a detailed subject analysis, and fascinating glimpses into medieval disputes. Starting with King Alfred (871-899), this book examines the particular contributions of the Anglo-Saxon period to the development of English law, including the development of a powerful machinery of royal government, significant aspects of a long-lasting court structure, and important elements of law relating to theft and violence. Until the reign of King Stephen (1135-54), these Anglo-Saxon contributions were maintained by the Norman rulers, whilst the Conquest of 1066 led to the development of key aspects of landholding that were to have a continuing effect on the emerging common law. The Angevin period saw the establishment of more routine royal administration of justice, closer links between central government and individuals in the localities, and growing bureaucratization. Finally, the later twelfth and earlier thirteenth century saw influential changes in legal expertise. The book concludes with the rebellion against King John in 1215 and the production of the Magna Carta. Laying out in exhaustive detail the origins of the English common law through the ninth to the early thirteenth centuries, this book will be essential reading for all legal historians and a vital work of reference for academics, students, and practitioners.

An Introduction to English Legal History

A. H. Manchester , Sources of English Legal History : Law , History and Society in England and Wales 1750-1950 ( 1984 ) . J. Oldham , The Mansfield Manuscripts and the ... S. F. C. Milsom , A Natural History of the Common Law ( 2003 ) .

Author: John Hamilton Baker

Publisher: Oxford University Press

ISBN: 0198812604

Category: History

Page: 637

View: 133

This is a comprehensively revised and updated fifth edition of the definitive history of the development of the common law in England.

The Topography and Natural History of Hampstead Etc L P

If I am correct here , the assertion of the law books , that the right of the lord to approve the wastes of his manor originated with the Statute of Merton ( 20 Hen . III . c . 4. ) , and that there was no such common law right previous ...

Author: John James PARK




Page: 14

View: 370