This book expands on established doctrine in legal history and sets
out a challenge for legal philosophers. The English medieval
village community offers a historical and philosophical lens on the
concept of custom, which challenges accepted notions of what law
is. The book traces the study of the medieval village community
from early historical works in the nineteenth century through to
current research. It demonstrates that some law-making can and has
been 'bottom-up' in English law, with community-led decision-making
having a particularly important role in the early common law. The
detailed consideration of law in the English village community
reveals alternative ways of making and conceiving of law which are
not dependent on state authority, particularly in relation to
customary and communal property rights. Acknowledging this poses
challenges for legal theory: the legal positivism that dominates
Western legal philosophy tends to reject custom as a source of law.
However, this book argues that medieval customary law ought to be
considered 'law' if we are ever going to fully understand law -
both then and now. The book will be a valuable resource for
researchers and academics working in the areas of Legal History,
Legal Theory, and Jurisprudence.
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