The Influence of the Roman Law on the Law of England
The extent of Roman influence on English common law, long a keenly
debated topic, was subjected to careful scrutiny during the
establishment of modern English legal historiography in the late
1800s. Scrutton's revisionist essay, a path-breaking work that
won Cambridge University's prestigious Yorke Prize, evaluates
and mostly discredits the work of his predecessors, most notably
Finlason, Coote and Seebohm. In its place he offers a history from
the Saxon period to his day guided by a close reading of sources.
Scrutton believed that Roman law was a minor influence until it was
introduced to Oxford by Vacarius. It became considerable after that
watershed event, an argument he advances through a close reading of
Glanville and a book-by-book demonstration of Azo's influence
on Bracton. Reprint of the sole edition."[Scrutton] has
written what we believe to be the best essay on this subject.... It
will be a useful guide to the authorities for any who are
investigating the history of our law, while the author's own
opinions are for the most part sound and sober, and are clearly and
modestly stated." --Law Quarterly Review 2 (1886) 96Thomas
Edward Scrutton [1856-1934] was an English jurist and writer. After
a career in commercial law he became a judge of the King's
Bench Division and of the Court of Appeal. He wrote the still
standard The Contract of Affreightment as Expressed in
Charterparties and Bills of Lading (1886) and an important treatise
on English copyright law, The Law of Copyright
(1883).CONTENTSINTRODUCTIONPART I. ROMAN INFLUENCES OF ENGLISH LAW
BEFORE THE COMING OF VACARIUSCHAPTER I. The Sources of the Roman
LawCHAPTER II. The Claims of the Roman LawCHAPTER III. Roman Law in
the Early Land Law Mr Seebohm's Manorial TheoryCHAPTER IV.
Roman Law in the Early Family LawCHAPTER V. Roman Law in Early
ProcedureCHAPTER VI. Roman Law in the Early Constitution Part I.
Shires and HundredsPart II. Towns and GildsCHAPTER VII. Roman Law
and the Norman ConquestCHAPTER VIII. SummaryPART II.ROMAN
INFLUENCES IN ENGLISH LAW AFTER THE COMING OF VACARIUSCHAPTER I.
The Introduction of the Roman LawCHAPTER II. Roman Law in Glanvil
CHAPTER III. Roman Law in Bracton Bracton's First Book: on
PersonsBracton's Second Book: on PropertyBracton's Third
Book: on Contracts and Actions Criminal LawRemainder of Bracton
ResultsCHAPTER IV. Roman Law in Britton and FletaCHAPTER V. Roman
Law from Fleta to Coke.CHAPTER VI. Roman Law in Coke CHAPTER VII.
Authority of Bracton since CokeCHAPTER VIII. Roman Law; its
authority in Hale and BlackstoneCHAPTER IX. Roman Law in
BlackstoneCHAPTER X. Summary of Roman Law in Text-writersCHAPTER
XI. Roman Law in the ChanceryCHAPTER XII. Roman Law in the
Ecclesiastical CourtsCHAPTER XIII. Roman Law in the Admiralty
CHAPTER XIV. Roman Law in the Law MerchantCHAPTER XV. Roman Law in
the Common LawConclusion Index
