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The History of English Law before the Time of Edward I: In Two Volumes [Hardcover]

Frederic William Maitland (Author), Frederick Pollock (Author)
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Book Description

July 6, 2010 0865977496 978-0865977495 New Edition
First published in 1895, Sir Frederick Pollock and Frederic William Maitland's legal classic The History of English Law before the Time of Edward I expanded the work of Sir Edward Coke and William Blackstone by exploring the origins of key aspects of English common law and society and with them the development of individual rights as these were gradually carved out from the authority of the Crown and the Church. Although it has been more than a century since its initial publication, Pollock and Maitland's work is still considered an accessible and useful foundational reference for scholars of medieval English law.

Volume one begins with an examination of Anglo-Saxon law, goes on to consider the changes in law introduced by the Normans, then moves to the twelfth-century "Age of Glanvill," with the first great compilation of English laws and customs, followed by the thirteenth-century "Age of Bracton," author of another major treatise on the same subject. Volume two takes up different areas of English law topic by topic, or as its authors labeled it, "The Doctrines of English Law in the Early Middle Ages." They consider land tenure, marriage and wardship, fealty, the ranks of men both free and unfree, aliens, Jews, excommunicates, women, and the churches and the King, before turning to the various jurisdictions of that decentralized era.

The History of English law before the Time of Edward I helps readers explore the origins of English legal exceptionalism and through the English tradition the basis of the law of America, Canada, Australia, and other nations. This work is of interest to legal scholars, historians of the Middle Ages, political scientists, political philosophers, and all those interested in Anglo-Saxon law and early law and society.

Sir Frederick Pollock (1845–1937) was educated at Eton before going to Trinity College, Cambridge. He was admitted to the bar in 1871 and to the Privy Council in 1911. He taught at the University of Oxford from 1883 to 1903. Pollock wrote The Law of Torts and The Principles of Contract and served as editor of the Law Quarterly Review and editor-in-chief of the Law Reports, the volumes in which decisions of the English courts were published. Later he was made a judge of the admiralty court of the Cinque Ports.

Frederic William Maitland (1850–1906) was an English jurist and historian who, like Pollock, attended Eton and then Trinity College, Cambridge. Maitland began publishing legal history in 1884 and four years later he was elected to the Downing Chair of the Laws of England. He founded the Selden Society in 1886 and served as its general editor.

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Book Description

Although this book was envisaged as a joint venture and bears the name of both Pollock and Maitland, it is substantially the work of Maitland. It was recognised at once as a masterpiece and has since been accepted as one of the great histories in the English language. --This text refers to the Paperback edition.

Product Details

  • Reading level: Ages 18 and up
  • Hardcover: 1579 pages
  • Publisher: Liberty Fund Inc.; New Edition edition (July 6, 2010)
  • Language: English
  • ISBN-10: 0865977496
  • ISBN-13: 978-0865977495
  • Product Dimensions: 9.3 x 6.4 x 3.8 inches
  • Shipping Weight: 5 pounds
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #1,946,940 in Books (See Top 100 in Books)

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12 of 13 people found the following review helpful:
5.0 out of 5 stars Groundbreaking and fascinating historical scholarship, March 28, 2001
The law of England underwent major changes under the energetic leadership of the Plantagenet kings. This scholarly work traces and outlines this most fascinating and actually entertaining period in legal history.

Before the acts chronicled here, the business of law enforcement in all its various forms, both civil and criminal, was a rather haphazard and local affair. Magical ordeals, often administered by the clergy, and probably fixed by them to reach what they thought the proper outcome, were a major method of trial. Noblemen could fend off charges by their inferiors by swearing they didn't do it, and finding enough people to swear that they believed 'em. Disputes between nobles were as often as not settled by the sword, in either actual battle or ritual combat.

The Plantagenet kings made this imperfect system obsolete, not by legislating it out of existence, but by offering a superior product. They introduced the grand and petit jury, whose ultimate origins are obscure, but which may trace back to the Scandinavian ancestors of the Normans. New forms of litigation were set up beside the old ones, only these led to the royally instituted jury rather than the old forms of trial by oaths, magic, or battle.

And, having this parallel system in place, attorneys were careful to frame their pleadings so as to bring their litigation within the ambit of the new trials, rather than the old ones. These basic legal reforms, helped along by certain legal fictions made necessary to achieve the desired result, became the foundation of a legal system more suited to a national state with a central royal government, rather than the patchwork jurisdictions of feudalism.

This fascinating story is told in all its detail in these old but still intriguing books.
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