The legal framework of English feudalism

書誌事項

The legal framework of English feudalism

S.F.C. Milsom

(Cambridge studies in English legal history)(Maitland lectures, 1972)

Cambridge University Press, 1976

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注記

Bibliography: p.ix-xi. - Includes index

内容説明・目次

内容説明

Professor Milsom works out a fresh view of the beginnings of the common law concerning land. The received picture depends upon progressive assumptions: key words began with their later meanings; the law began with abstract ideas of property; a tenant's title to his tenement was never subject to his lord's control; the lord had no discretion, only the power to decide disputes according to external criteria; jurisdiction in that sense was all the lord lost as royal remedies developed; and all the tenant gained was better protection of unaltered rights. It is a picture of procedural changes taking place against an unchanging background, with the feudal structure at the beginning almost as insubstantial as it was to be at the end.

目次

  • 1. Disciplinary jurisdiction
  • 2. Proprietary ideas
  • 3. Proprietary jurisdiction
  • 4. Grants
  • 5. Inheritance.

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