Origins of the Common Law / Edition 1

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Overview

Written for the beginning student as well as the experienced scholar, this introductory analysis of the origin and early development or the English common law provides and excellent grounding for the early study of legal history. Between 1154, when Henry II became king, and 1307, when Edward I died, the common law underwent spectacular growth. The author begins with a discussion of the relationship between the early rules of common law and the social order they serve during this period and concludes with an extended commentary on the durability and continued growth of the common law in modern times.

Arthur Reed Hogue (1906–1986) was Professor of History at Indiana University.

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Product Details

  • ISBN-13: 9780865970540
  • Publisher: Liberty Fund, Incorporated
  • Publication date: 6/30/2010
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 287
  • Sales rank: 978,283
  • Product dimensions: 5.50 (w) x 8.20 (h) x 0.70 (d)

Table of Contents


Preface xiii Chapter 1 Introduction: Social Change and the Growth of the Common Law 3
LAW AS THE BOND OF CIVIL SOCIETY 3
GROWTH OF THE WRIT SYSTEM 15
PART ONE THE POLITICAL SCENE
Chapter 2 Royal Centralization and Absolutism 33
HENRY II: SUPREME ADMINISTRATOR OF THE REALM 34
RICHARD THE LIONHEARTED: ABSENT KING 45
JOHN: IRRESPONSIBLE ABSOLUTIST 45
Chapter 3 Royal Prerogative and the Community of the Realm 56
HENRY III: DUPE OF ALIEN COUNSELORS 57
EDWARD I: "HAMMER OF THE SCOTS" AND RELUCTANT CONSTITUTIONALIST 67
PART TWO THE SOCIAL ORDER Chapter 4 Free Tenures and Their Obligations 85
THE THEORY OF THE BODY POLITIC 86
FEUDALISM: LORD AND VASSAL 91
Chapter 5 Unfree Tenures and Their Obligations 114
THE MARKS OF UNFREE TENURE 116
PATTERNS OF AGRARIAN LIFE 122
SEIGNORIAL COURTS 131
OFFICERS OF MANORIAL ADMINISTRATION 132
PUBLIC DUTIES OF THE VILE 135
PART THREE LEGAL INSTITUTIONS
Chapter 6 Courts of Angevin England to 1307 145
THE EVOLUTION OF COURTS 147
Chapter 7 Chancery: Secretariat and Writ?Shop 166
CHANCERY OFFICIALS 177
CHANCERY RECORDS 180
PART FOUR THE NATURE AND SOURCES OF THE COMMON LAW
Chapter 8 Sources of English Law in the Middle Ages 185
WHAT THE COMMON LAW IS NOT 186
WHAT THE COMMON LAW IS 188
THE NATURE OF LEGAL CUSTOM 190
MEDIEVAL USE OF JUDICIAL PRECEDENTS 200
ENACTMENTS AND STATUTES 203
FORMS OF ACTION: THE FRAMEWORK OF THE COMMON LAW 209
Chapter 9 Enactments of Edward I 216
REGULATION OF CREDITORS AND DEBTORS 218
REGULATION OF ESTATES IN LAND 227
REGULATION OF PURCHASE AND SALE OF FREE TENURES 234
CONCLUSION: THE MEDIEVAL LEGACY
Chapter 10 From Medieval Law to Modern Law 241
THE VITALITY OF THE COMMON LAW 241
THE CONTINUING GROWTH OF COMMON LAW 247
EXPANSION OF THE COMMON LAW 249
THE LEGACY OF THE MIDDLE AGES 251
A Glossary for Laymen 255
Index 259
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