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The Birth of the English Common Law, by R. C. van Caenegem
Download PDF The Birth of the English Common Law, by R. C. van Caenegem
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First published in 1973, The Birth of the English Common Law has come to enjoy classic status. In a new preface, Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings. The book provides a challenging interpretation of the emergence of the Common Law in Anglo-Norman England, against the background of the general development of legal institutions in Europe.
- Sales Rank: #2380352 in Books
- Published on: 1973-07-27
- Original language: English
- Number of items: 1
- Binding: Hardcover
- 160 pages
Review
"This tour de force is a piece of mature scholarship based on exceptional first-hand knowledge of archives and literature dealing with early common law." Social Science Quarterly
"...reflects a thorough command of the primary sources and the vast secondary literature, and it is written with rare lucidity and wit." New York Literary Journal
From the Back Cover
This book provides a challenging interpretation of the emergence of the common law in Anglo-Norman England, against the background of the general development of legal institutions in Europe.First published in 1973, The Birth of the English Common Law has come to enjoy classical status, and in a new preface Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings.
About the Author
Van Caenegem is Professor Emeritus of Medieval History and of Legal History in the University of Ghent.
Most helpful customer reviews
15 of 17 people found the following review helpful.
The Birth of the English Common Law
By Gerard Paul Craddock
The Birth of the English Common Law, 2nd ed. Cambridge University Press 1973, 1988, R.C. van Caenegem
In The Birth of the English Common Law (2nd ed) van Caenegem by a thorough analysis of primary sources produces a coherent and fascinating exposition of the birth of the common law. The author explores centuries old controversies; did the common law arrive with the Conqueror in 1066 or was there a nascent common law in operation in pre-conquest England? Did the jury pre-date the conquest? The work is replete with fascinating insights concerning medieval society of general interest. The notion that the ordeal (trial by water or fire), and battle were surpassed as modes of proof because the royal courts were able to offer jury verdicts that were considered more reliable is just one example. Promotion of the jury in the royal courts of the Norman rulers accompanied the development of a centralized judiciary. The common law did not so much arrive with William, but flourished in Norman courts because it surpassed existing methods and found acceptance by the English. The loss of the continental Crown possessions saw the common law thrive in England alone. Van Caenegem, in a measured way, paying due attention to those of a different mind, makes a fascinating case that England did not make the common law. Rather, the common law made England.
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