The Legal Framework of English Feudalism

The Legal Framework of English Feudalism PDF

Author: S.F.C. Milsom

Publisher: CUP Archive

Published: 1976-08-05

Total Pages: 224

ISBN-13: 9780521209472

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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.

A Historical Introduction to English Law

A Historical Introduction to English Law PDF

Author: Russell Sandberg

Publisher: Cambridge University Press

Published: 2023-04-30

Total Pages: 296

ISBN-13: 1009345311

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There are some stories that need to be told anew to every generation. This book tells one such story. It explores the historical origins of the common law and explains why that story needs to be understood by all who study or come into contact with English law. The book functions as the prequel to what students learn during their law degrees or for the SQE. It can be read in preparation for, or as part of, modules introducing the study of English law or as a starting point for specialist modules on legal history or aspects of legal history. This book will not only help students understand and contextualise their study of the current law but it will also show them that the options they have to change the law are greater than they might assume from just studying the current law.

A Natural History of the Common Law

A Natural History of the Common Law PDF

Author: Stroud Francis Charles Milsom

Publisher: Columbia University Press

Published: 2003

Total Pages: 175

ISBN-13: 0231129947

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How does law come to be stated as substantive rules, and then how does it change? One of Britain's most acclaimed legal historians 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.

The Formation of English Common Law

The Formation of English Common Law PDF

Author: John Hudson

Publisher: Routledge

Published: 2014-06-11

Total Pages: 206

ISBN-13: 1317898001

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During the Anglo-Norman period a concept of law developed, binding ruler and ruled alike and which was based on custom common throughout the country. This was Common Law and it was from this that subsequent law developed. John Hudson's text is an introductory survey of Common Law for students and other non-specialist readers. Certain aspects of medieval law such as its feuds, its ordeals and its outlaws are well known, this text shows how these aspects fitted in to the system as a whole, considers its Anglo-Saxon origins, the influence of the Norman invaders and later administrative reforms. The events and legal processes also throw light on the society, politics and thought of the times.

An Introduction to English Legal History

An Introduction to English Legal History PDF

Author: John Baker

Publisher: Oxford University Press

Published: 2019

Total Pages: 704

ISBN-13: 0198812604

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Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.

The Decline of English Feudalism, 1215-1540

The Decline of English Feudalism, 1215-1540 PDF

Author: John Malcolm William Bean

Publisher: Manchester University Press

Published: 1968

Total Pages: 396

ISBN-13: 9780719002946

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Set of anthropological essays responding to the challenges generated by the historian Calvin Martin with his 1978 book, 'Keepers of the game: Indian animal relationships and the fur trade', regarding Indian motivation in the fur trade.

The Birth of the English Common Law

The Birth of the English Common Law PDF

Author: R. C. van Caenegem

Publisher: Cambridge University Press

Published: 1988-11-24

Total Pages: 184

ISBN-13: 9780521356824

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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.