The first volume to be published in the landmark new series, The Oxford History of the Laws of England, the first full-length history of the English law that takes unpublished sources into account The series will be indispensable for law and history libraries Provides not only a history of law, but also a history of English society through legal eyes The history of English law is also the history of US and Commonwealth law This volume covers the years 1483-1558, a period of immense social, political, and intellectual changes, which profoundly affected the law and its workings. It first considers constitutional developments, and addresses the question of whether there was a rule of law under king Henry VIII. In a period of supposed despotism, and enhanced parliamentary power, protection of liberty was increasing and habeas corpus was emerging. The volume considers the extent to which the law was affected by the intellectual changes of the Renaissance, and how far the English experience differed from that of the Continent. It includes a study of the myriad jurisdictions in Tudor England and their workings; and examines important procedural changes in the central courts, which represent a revolution in the way that cases were presented and decided. The legal profession, its education, its functions, and its literature are examined, and the impact of printing upon legal learning and the role of case-law in comparison with law-school doctrine are addressed.
The volume then considers the law itself. Criminal law was becoming more focused during this period as a result of doctrinal exposition in the inns of court and occasional reports of trials. After major conflicts with the Church, major adjustments were made to the benefit of clergy, and the privilege of sanctuary was all but abolished. The volume examines the law of persons in detail, addressing the impact of the abolition of monastic status, the virtual disappearance of villeinage, developments in the law of corporations, and some remarkable statements about the equality of women. The history of private law during this period is dominated by real property and particularly the Statutes of Uses and Wills (designed to protect the king's feudal income against the consequences of trusts) which are given a new interpretation. Leaseholders and copyholders came to be treated as full landowners with rights assimilated to those of freeholders. The land law of the time was highly sophisticated, and becoming more so, but it was only during this period that the beginnings of a law of chattels became discernible. There were also significant changes in the law of contract and tort, not least in the development of a satisfactory remedy for recovering debts.
The definitive source book on the development of the common law of persons, obligations, and property - an essential reference point for all legal historians or comparative lawyers engaged in this history of the common law Translates the sources into modern, accessible English, making the primary materials accessible to students of legal history The sources themselves offer a rich resource for historians of English society, government, and economics, revealing the operation of the courts in personal and economic disputes New to this edition Includes new sources discovered since the first edition published in 1986 Comprehensively revised and updated in light of recent scholarship, including corrections to some sources in light of law reports that were previously unavailable Baker and Milsom's Sources of English Legal History is the definitive source book on the development of English private law. This new edition has been comprehensively revised and udpated to incorporate new sources discovered since the original publication in 1986, and to reflect developments in recent scholarship.
All the sources included are translated into modern English, offering an accessible inroad to the leading primary materials for students of the history of the common law.
The sources themselves - revealing the operation of courts across a wide range of personal and economic disputes - offer a rich resource for historians researching the development of the English government, society, and economy. Their significance in shaping the common law spans beyond England, and ensures the collection is an essential reference point for all those interested in the history of the common law in any jurisdiction.
Readership: Students and scholars of legal history and the English legal system. Historians and students working on the development of the common law outside England. English historians specializing in the history of government, or social and economic historians.
Another volume in the Clarendon Law Lectures series The author is the leading legal historian of English Legal History in the UK An important contribution to understanding the character of the common law tradition The common law is almost universally regarded as a system of case-law, increasingly supplemented by legislation, but this is only partly true. There is an extensive body of lawyers' law which has a real existence outside the formal sources but is seldom acknowledged or discussed either by theorists or legal historians. This will still be so even when every judicial decision is electronically accessible. In the heyday of the inns of court, this second body of law was partly expressed in `common learning'. a corpus of legal doctrine handed on largely by oral tradition and a system of education informing the mind of every common lawyer. That common learning emanated from a law school in which the judges actively participated, and in which the lecturers of one generation provided the judiciary of the next. Some of it was written down, though the texts were until recently forgotten, and its importance was overlooked by historians as a result of changes in the common-law system during the early-modern period. Other forms of informal law may be seen at work in other times and contexts. Although judicial decisions will always remain prime sources of legal history, as well as of law, the other body of legal thought and practice is equally `law' in that it influences lawyers and has real consequences. Neither the history nor the present working of the common law can be understood without acknowledging its importance.
Readership: Scholars and students of the English system and British legal history
Ce livre est né de dix années d'affût, et d'un si long regard que l'oeil qui observait s'est peu à peu identifié à l'oiseau qu'il pourchassait. Chasseur pacifique, chasseur d'images, qui a épié les faucons pèlerins dans une vallée débouchant sur les marécages de l'estuaire de la Tamise, entre octobre et avril, quand les étangs désertés se chargent des brumes et des silences de l'automne, des soleils pâlis et des drames de la nature, et qui, à son tour devenu proie, s'est fondu dans le paysage mouillé, s'est fait lui-même roman, journal, livre de nature, poème-jeté, comme l'oiseau, point dans le ciel, parole dans le silence.