The Birth of the English Common Law
Cambridge University Press, Nov 24, 1988 - Law - 160 pages
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. In a detailed discussion of the emergence of the central courts and the common law they administered, the author traces the rise of the writ system and the growth of the jury system in twelfth-century England. Professor van Caenegem attempts to explain why English law is so different from that on the Continent and why this divergence began in the twelfth century, arguing that chance and chronological accident played the major part and led to the paradox of a feudal law of continental origin becoming one of the most typical manifestations of English life and thought. First published in 1973, The Birth of the English Common Law has come to enjoy classical status, and in a preface Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings.
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abbot action Ages Anglo-Norman Anglo-Saxon appear Assize became bishop brought Caenegem called canons central Charters Church civil claim Common Law comparable concerning Continent continental course courts criminal curia customs deal developed documents early ecclesiastical elements England established Europe evidence example eyre fact feudal French give given Glanvill Governance hand Henry Henry II important institutions interesting introduced Italy judges judgment judicial jury justices king king's kingdom known land later Legislation litigation London lord medieval mode of proof Norman Normandy novel disseisin obtain ordeals origin Oxford papal parties Pipe Roll pleas possible practice present procedure question reason recent recognition regis reign remarks Richard Richardson Roman law royal royal justices royal writ rule Sayles seisin sheriff Stephen Studies summons thirteenth century tion took traditional turn twelfth century various writ