The extent of Roman influence on English common law, long a keenly
debated topic, was subjected to careful scrutiny during the
establishment of modern English legal historiography in the late
1800s. Scrutton's revisionist essay, a path-breaking work that won
Cambridge University's prestigious Yorke Prize, evaluates and
mostly discredits the work of his predecessors, most notably
Finlason, Coote and Seebohm. In its place he offers a history from
the Saxon period to his day guided by a close reading of sources.
Scrutton believed that Roman law was a minor influence until it was
introduced to Oxford by Vacarius. It became considerable after that
watershed event, an argument he advances through a close reading of
Glanville and a book-by-book demonstration of Azo's influence on
Bracton. Reprint of the sole edition. " Scrutton] has written what
we believe to be the best essay on this subject.... It will be a
useful guide to the authorities for any who are investigating the
history of our law, while the author's own opinions are for the
most part sound and sober, and are clearly and modestly stated."
Law Quarterly Review 2 (1886) 96 Thomas Edward Scrutton 1856-1934]
was an English jurist and writer. After a career in commercial law
he became a judge of the King's Bench Division and of the Court of
Appeal. He wrote the still standard The Contract of Affreightment
as Expressed in Charterparties and Bills of Lading (1886) and an
important treatise on English copyright law, The Law of Copyright
(1883). CONTENTS INTRODUCTION PART I. ROMAN INFLUENCES OF ENGLISH
LAW BEFORE THE COMING OF VACARIUS CHAPTER I. The Sources of the
Roman Law CHAPTER II. The Claims of the Roman Law CHAPTER III.
Roman Law in the Early Land Law Mr Seebohm's Manorial Theory
CHAPTER IV. Roman Law in the Early Family Law CHAPTER V. Roman Law
in Early Procedure CHAPTER VI. Roman Law in the Early Constitution
Part I. Shires and Hundreds Part II. Towns and Gilds CHAPTER VII.
Roman Law and the Norman Conquest CHAPTER VIII. Summary PART II.
ROMAN INFLUENCES IN ENGLISH LAW AFTER THE COMING OF VACARIUS
CHAPTER I. The Introduction of the Roman Law CHAPTER II. Roman Law
in Glanvil CHAPTER III. Roman Law in Bracton Bracton's First Book:
on Persons Bracton's Second Book: on Property Bracton's Third Book:
on Contracts and Actions Criminal Law Remainder of Bracton Results
CHAPTER IV. Roman Law in Britton and Fleta CHAPTER V. Roman Law
from Fleta to Coke. CHAPTER VI. Roman Law in Coke CHAPTER VII.
Authority of Bracton since Coke CHAPTER VIII. Roman Law; its
authority in Hale and Blackstone CHAPTER IX. Roman Law in
Blackstone CHAPTER X. Summary of Roman Law in Text-writers CHAPTER
XI. Roman Law in the Chancery CHAPTER XII. Roman Law in the
Ecclesiastical Courts CHAPTER XIII. Roman Law in the Admiralty
CHAPTER XIV. Roman Law in the Law Merchant CHAPTER XV. Roman Law in
the Common Law Conclusion Index
General
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