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Books > Law > Jurisprudence & general issues > Foundations of law > Roman law / Civil law
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Priests of the Law - Roman Law and the Making of the Common Law's First Professionals (Hardcover)
Loot Price: R2,830
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Priests of the Law - Roman Law and the Making of the Common Law's First Professionals (Hardcover)
Series: Oxford Legal History
Expected to ship within 12 - 19 working days
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Priests of the Law tells the story of the first people in the
history of the common law to think of themselves as legal
professionals. In the middle decades of the thirteenth century, a
group of justices working in the English royal courts spent a great
deal of time thinking and writing about what it meant to be a
person who worked in the law courts. This book examines the
justices who wrote the treatise known as Bracton. Written and
re-written between the 1220s and the 1260s, Bracton is considered
one of the great treatises of the early common law and is still
occasionally cited by judges and lawyers when they want to make the
case that a particular rule goes back to the beginning of the
common law. This book looks to Bracton less for what it can tell us
about the law of the thirteenth century, however, than for what it
can tell us about the judges who wrote it. The judges who wrote
Bracton - Martin of Pattishall, William of Raleigh, and Henry of
Bratton - were some of the first people to work full-time in
England's royal courts, at a time when there was no recourse to an
obvious model for the legal professional. They found one in an
unexpected place: they sought to clothe themselves in the authority
and prestige of the scholarly Roman-law tradition that was sweeping
across Europe in the thirteenth century, modelling themselves on
the jurists of Roman law who were teaching in European
universities. In Bracton and other texts they produced, the
justices of the royal courts worked hard to ensure that the nascent
common-law tradition grew from Roman Law. Through their writing,
this small group of people, working in the courts of an island
realm, imagined themselves to be part of a broader European legal
culture. They made the case that they were not merely servants of
the king: they were priests of the law.
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