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Historical Foundations of the Common Law (Paperback, 2nd Revised edition)
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Historical Foundations of the Common Law (Paperback, 2nd Revised edition)
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This book is directed at the central difficulty in legal history:
one is not reconstructing earlier answers to modern questions, but
earlier questions; and they were different in kind. Today we see
law as a system of substantive rules which can be explained in
textbooks, altered by legislation, and embodied in a restatement or
a code. It is somehow separate from society and needs separate
adjustment; and there is a simple relationship between legal and
other change. If this had always been so, legal and social and
economic history would all be easy. They are not. Such a vision
comes late in legal developments, and the common law reached that
stage only in quite recent times. But ever since an early stage
fortune has preserved copious original materials; and we can hope
to trace not just the changing arrangements of one society, but the
stages through which at least one legal system has passed, the
changing ways in which the law itself has been seen. The underlying
questions have always been beyond discussion in any practical
context. How far are right and wrong man's business rather than
God's? How and upon what terms are the resources of creation to be
appropriated to individuals? But answers are at any one time
assumed, and determine what smaller questions arise as daily
business for those concerned with the legal process. It is to the
changing nature of those practical questions that this book seeks
to reduce the development of each of the main branches of the law.
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