First published in 1973, The Birth of the English Common Law has come to enjoy classic status. In a new preface, Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings. The 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.
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"This tour de force is a piece of mature scholarship based on exceptional first-hand knowledge of archives and literature dealing with early common law." Social Science Quarterly
"...reflects a thorough command of the primary sources and the vast secondary literature, and it is written with rare lucidity and wit." New York Literary Journal
"...reflects a thorough command of the primary sources and the vast secondary literature, and it is written with rare lucidity and wit." New York Literary Journal
Book Description
Recent developments in the study of English law under the Norman and earliest Angevin kings preface this edition's interpretation of the emergence of the Common Law in Anglo-Norman England.
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The Birth of the English Common Law,
This review is from: The Birth of the English Common Law (Cambridge Paperback Library) (Paperback)
The Birth of the English Common Law, 2nd ed. Cambridge University Press 1973, 1988, R.C. van Caenegem
In The Birth of the English Common Law (2nd ed) van Caenegem by a thorough analysis of primary sources produces a coherent and fascinating exposition of the birth of the common law. The author explores centuries old controversies; did the common law arrive with the Conqueror in 1066 or was there a nascent common law in operation in pre-conquest England? Did the jury pre-date the conquest? The work is replete with fascinating insights concerning medieval society of general interest. The notion that the ordeal (trial by water or fire), and battle were surpassed as modes of proof because the royal courts were able to offer jury verdicts that were considered more reliable is just one example. Promotion of the jury in the royal courts of the Norman rulers accompanied the development of a centralized judiciary. The common law did not so much arrive with William, but flourished in Norman courts because it surpassed existing methods and found acceptance by the English. The loss of the continental Crown possessions saw the common law thrive in England alone. Van Caenegem, in a measured way, paying due attention to those of a different mind, makes a fascinating case that England did not make the common law. Rather, the common law made England.
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It was with considerable trepidation that I undertook, as a continental scholar, to lecture on English legal history in an English university, and particularly in Cambridge, where Maitland once used to teach. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
unlawful disseisins, royal inquest, praecipe quod reddat, good summoners, petty assizes, writ praecipe, novel disseisin, sworn inquest, been disseised, general eyres, papal judges delegate, free tenement, itinerant justices, papal rescripts, judicial combat, continental law, lawful men, pipe roll, writ process, coram rege, royal writs, feudal barony, original writs, royal justices, curia regis Key Phrases - Capitalized Phrases (CAPs): (learn more)
Assize of Clarendon, Magna Carta, Regesta Regum Anglo-Normannorum, Middle Ages, Assize of Northampton, Select Charters, Edward the Confessor, Lady Stenton, Ancien Coutumier, Rolls Series, William the Conqueror, Constitutions of Clarendon, Miss Harmer, Peter the Chanter, Selden Soc, Thomas Becket, King Stephen, Obligations of Society, Common Bench, Early Registers of Writs, English Parliament, Jean Bodin, Professor Yver, Bury St Edmunds New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
It was with considerable trepidation that I undertook, as a continental scholar, to lecture on English legal history in an English university, and particularly in Cambridge, where Maitland once used to teach. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
unlawful disseisins, royal inquest, praecipe quod reddat, good summoners, petty assizes, writ praecipe, novel disseisin, sworn inquest, been disseised, general eyres, papal judges delegate, free tenement, itinerant justices, papal rescripts, judicial combat, continental law, lawful men, pipe roll, writ process, coram rege, royal writs, feudal barony, original writs, royal justices, curia regis Key Phrases - Capitalized Phrases (CAPs): (learn more)
Assize of Clarendon, Magna Carta, Regesta Regum Anglo-Normannorum, Middle Ages, Assize of Northampton, Select Charters, Edward the Confessor, Lady Stenton, Ancien Coutumier, Rolls Series, William the Conqueror, Constitutions of Clarendon, Miss Harmer, Peter the Chanter, Selden Soc, Thomas Becket, King Stephen, Obligations of Society, Common Bench, Early Registers of Writs, English Parliament, Jean Bodin, Professor Yver, Bury St Edmunds New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 43
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39
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- From Becket to Langton: English Church Government, 1170-1213 by C.R. Cheney on 6 pages
- King and His Courts the Role of John and Henry 3rd in by Turner Rv on 4 pages
- Anglo-Saxon Writs by Florence Harmer on 4 pages
- The Norman Conquests (Documents of Mediaeval History) by R.Allen Brown on page 12, page 111, and page 112
- Norman Institutions by C. H. Haskins in Back Matter (1), Back Matter (2), and Back Matter (3)
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- Bird in a Cage: Legal Reform in China after Mao by Stanley Lubman on 5 pages
- Dispute Processes: ADR and the Primary Forms of Decision-Making (Law in Context) by Simon Roberts in Front Matter, page 224, and Back Matter
- England and its Rulers: 1066-1272 Second Edition With an Epilogue on Edward I (1272-1307) (Blackwell Classic Histories of England) by M. Clanchy on page 104, and Back Matter
- The Idea of Public Law by Martin Loughlin on page 75, and Back Matter
- The Anthropology of Justice: Law as Culture in Islamic Society (Lewis Henry Morgan Lectures) by Lawrence Rosen in Back Matter (1), and Back Matter (2)
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