Comparative Studies in Continental and Anglo-American Legal History: Anglo-American Law and Canon Law: Canonical Roots of the Common Law TraditionHauptbeschreibung In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also ""ius commune, ius utrumque""). The ""insularity"" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common. |
Contents
| 1 | |
Isolation and European Inspiration on AngloAmerican Law | 19 |
Part II | 33 |
The Court of Chancery | 51 |
Jurisprudence or Legal Doctrine | 81 |
The Law of Succession | 109 |
Contract Law | 125 |
Constitutional Law and Theory | 143 |
Other Areas of Law | 161 |
Conclusion | 183 |
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Anglo-American Law and Canon Law: Canonical Roots of the Common Law Tradition Javier Martínez-Torrón No preview available - 1998 |
Common terms and phrases
Anglo-American law assumpsit Bracton Cambridge canon law canonical doctrine canonical influence canonists Chancellors Church courts cited civil law classical canon law common law courts common lawyers concept conscience constitutional continental law Court of Chancery denunciatio diritto Doctor and Student doctrine of consideration Donahue ecclesiastical courts ecclesiastical jurisdiction English ecclesiastical courts English Equity English law English Legal History Epikeia Equitable Jurisdiction evolution fourteenth century German H.J. Berman historians History of English ideas influence of canon iuris ius commune J.H. Baker John Spelman judicial jurists Law and Revolution Law of Contract Law of England Law of Obligations Law Review legal system M.M. Sheehan marriage Martínez-Torrón matrimony maxims Maxims of Equity medieval canon law Medieval England Middle Ages norms origin Oxford practice principle procedure R.H. Helmholz regard relation Roman and canon Roman Canon Roman Canon Law Roman law royal courts Selden Society sixteenth century specific T.F.T. Plucknett writs