The Making of the Common Law
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| The Making of the Common Law | |||||||||||||||||||||||||||||
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The history of the Common Law is not just a history of legal doctrine. It is also the history of the courts where that doctrine was shaped and of the lawyers, judges and clerks who ran the courts and made and applied legal rules in particular cases. This book, which brings together both published and unpublished essays, reflects this broader understanding of legal history. It complements the author's The Origins of the English Legal Profession.
Paul Brand describes the early history of the legal profession in both England and Ireland and uncovers fresh evidence on the beginnings of professional education. He reevaluates the significance of major changes in the organisation of the English courts in Henry II's reign and the transformation of the English judiciary which took place during the second half of the thirteenth century, periods of key importance in the shaping of the English legal system. Other essays review the contribution made to legal literature by Ralph de Hengham, the best known royal judge of the reign of Edward I, and shed new light on the life and times of Thomas Weyland, 'chief justice and felon'. An essay on the twelfth-century origins of English land law provides a critical introduction to the work of S.F.C. Milsom for the non-specialist. Different mechanisms of legal change at work in the thirteenth century are examined in studies of the drafting of legislation, on the modification of Common Law remedies for unjust distraint of tenants by their lords and on the introduction of controls on alienations in mortmain. |
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| 06-01-08 | 2 | 1\2 |
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First of all it should be stated that this is in no way a chronological or narrative history of the reign of Henry III, but rather a series of essays which appeared in different places, in different publications covering certain aspects of the reign. Not even the print is consistent, the articles appearing in different fonts, etc.
For the layman or casual reader this book is a definite no-no. The writing is scholarly in the extreme, sometimes dry as dust and many times difficult to fathom. One had better already have a good grounding in feudal law and custom as well as Latin legal terms if they really wish to get anything out of this publication. Let's hope that a good modern author such as Ian Mortimer will take on Henry III and provide us with a good, meaty,scholarly and also compelling study of this most fascinating reign. Henry needs and deserves a good and COMPLETE portait. For readers looking for good material on the reign I highly recommend Margaret Howell's "Eleanor of Provence", the biography of Henry's queen consort. Two stars for somewhat misleading title and really prohibitive cost. (Review Data Last Updated: 2008-08-03 06:52:04 EST)
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