The Formation of the English Common Law explores the Anglo-Saxon origins of common law and the influence of the Norman invaders and their later administrative reforms, shedding light upon society at the time. This new edition includes a chapter charting the Anglo-Saxon period, a fully revised literature survey and updated Further Reading.
The Formation of the English Common Law explores the Anglo-Saxon origins of common law and the influence of the Norman invaders and their later administrative reforms, shedding light upon society at the time. This new edition includes a chapter charting the Anglo-Saxon period, a fully revised literature survey and updated Further Reading.
John Hudson is Professor of Legal History at St Andrews University, UK, and William W. Cook Global Law Professor at the University of Michigan. His previous publications include F. W. Maitland and the Englishness of English Law (2008), The Oxford History of the Laws of England, Volume II 871-1216 (2012) and Papers Preparatory to the Making of English Law: King Alfred to the Twelfth Century, Volume II: From God's Law to Common Law, ed., with Stephen Baxter (2014).
Inhaltsangabe
Editor's Preface to First Edition Author's Preface to First Edition Author's Preface to Second Edition Abbreviations CHAPTER 1 Introduction The concept of law The functions of law Disputing and negotiating English common law The formation of the English common law CHAPTER 2 The Court Framework in Anglo-Saxon and Anglo-Norman England The king's court Local and itinerant justices Shire courts Hundred courts Seignorial courts Urban courts Ecclesiastical courts Conclusions CHAPTER 3 Violence and Theft in Anglo-Saxon and Anglo-Norman England Bricstan's case Offences, offenders, and motives Prevention and police Trial Punishment and compensation Conclusions CHAPTER 4 Law and Land-holding in Anglo-Saxon England Æscwynn of Stonea, Ogga of Mildenhall, Wulfstan of Dalham and their gifts to the church of Ely The forms of land Land, lordship, and law The customary framework Disputes Conclusions CHAPTER 5 Law and Land-holding in Anglo-Norman England Land, lordship, and law The forms of land-holding The customary framework: control of land held in fee Disputes Anglo-Norman land law and common law property Conclusions CHAPTER 6 Angevin Reform Kingship, Stephen's reign, and Angevin reform The eyre Chronology The stages and nature of reform Henry II and reform The administrator's mentality Conclusions CHAPTER 7 Crime and the Angevin Reforms Ailward's case Classification The continuation of traditional methods Presentment and the extension of royal authority The limits of royal authority Conclusions CHAPTER 8 Law and Land-holding in Angevin England Abbot Samson of Bury St Edmunds New procedures The impact of change Conclusions CHAPTER 9 Magna Carta and the Formation of the English Common Law King John and the administration of justice Magna Carta Law and legal expertise The common law Concluding comparisons Glossary Note on sources Further reading Index
Editor's Preface to First Edition Author's Preface to First Edition Author's Preface to Second Edition Abbreviations CHAPTER 1 Introduction The concept of law The functions of law Disputing and negotiating English common law The formation of the English common law CHAPTER 2 The Court Framework in Anglo-Saxon and Anglo-Norman England The king's court Local and itinerant justices Shire courts Hundred courts Seignorial courts Urban courts Ecclesiastical courts Conclusions CHAPTER 3 Violence and Theft in Anglo-Saxon and Anglo-Norman England Bricstan's case Offences, offenders, and motives Prevention and police Trial Punishment and compensation Conclusions CHAPTER 4 Law and Land-holding in Anglo-Saxon England Æscwynn of Stonea, Ogga of Mildenhall, Wulfstan of Dalham and their gifts to the church of Ely The forms of land Land, lordship, and law The customary framework Disputes Conclusions CHAPTER 5 Law and Land-holding in Anglo-Norman England Land, lordship, and law The forms of land-holding The customary framework: control of land held in fee Disputes Anglo-Norman land law and common law property Conclusions CHAPTER 6 Angevin Reform Kingship, Stephen's reign, and Angevin reform The eyre Chronology The stages and nature of reform Henry II and reform The administrator's mentality Conclusions CHAPTER 7 Crime and the Angevin Reforms Ailward's case Classification The continuation of traditional methods Presentment and the extension of royal authority The limits of royal authority Conclusions CHAPTER 8 Law and Land-holding in Angevin England Abbot Samson of Bury St Edmunds New procedures The impact of change Conclusions CHAPTER 9 Magna Carta and the Formation of the English Common Law King John and the administration of justice Magna Carta Law and legal expertise The common law Concluding comparisons Glossary Note on sources Further reading Index
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