The birth of the English common law
Author(s)
Bibliographic Information
The birth of the English common law
Cambridge University Press, 1988
2nd ed
- : pbk
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Note
Includes bibliographical references (p. 111-147) and index
Description and Table of Contents
Description
This book provides a challenging interpretation of the emergence of the common law in Anglo-Norman England, against the background of the general development of legal institutions in Europe. In a detailed discussion of the emergence of the central courts and the common law they administered, the author traces the rise of the writ system and the growth of the jury system in twelfth-century England. Professor van Caenegem attempts to explain why English law is so different from that on the Continent and why this divergence began in the twelfth century, arguing that chance and chronological accident played the major part and led to the paradox of a feudal law of continental origin becoming one of the most typical manifestations of English life and thought. First published in 1973, The Birth of the English Common Law has come to enjoy classical status, and in a preface Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings.
Table of Contents
- Preface to the second edition
- Preface to the first edition
- 1. English courts from the Conqueror to Glanvill
- 2. Royal writs and writ procedure
- 3. The jury in the royal courts
- 4. English law and the Continent
- notes to the text
- index of persons, places and subjects.
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