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Books > Law > Jurisprudence & general issues > Foundations of law > Common law
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Making of the Common Law (Hardcover)
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Making of the Common Law (Hardcover)
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England was unique among the medieval kingdoms of Western Europe.
In addition to developing a system of national courts with an
extensive original jurisdiction and run on quasi-bureaucratic lines
by royal justices, it also gave birth to a single national
customary law which was applicable throughout the country. This was
partly the product of judicial decisions made by the royal courts
and partly the product of legislation. The great formative period
of the Commom Law began during the reign of King Henry II but
continued through to the early fourteenth century. Paul Brand
possesses an unrivalled knowledge of the published and unpublished
sources for this critical period. The Making of the Common Law
brings together his essays, some previously unpublished, on this
period. The essays on the making of the English legal system (which
complement his book on The Origins of the English Legal Profession)
include an important essay on 'Henry II and the Creation of the
English Common Law', and 'Courtroom and Schoolroom: The Education
of Lawyers in England prior to 1400', the essay which won the 1988
Donald W. Sutherland Prize of the American Society for Legal
History.The devlopment of English law is discussed in a number of
essays including a critical introduction to the 'Milsom thesis' on
the origins of England land law and 'Lordship and Distraint in
Thirteenth-Century England', a major reappraisal of the balance of
power between lords and tenants in this period. The Common Law was
taken by settler from England to North America and to Australasia.
Its earliest venture overseas, however, was to Ireland. The Making
of the Common Law includes a number of important essays on the
transfer of English law and the creation of a legal system modelled
on that of England in the medieval English lordship of Ireland.
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