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The Formation of English Common Law: Law and Society in England from King Alfred to Magna Carta 2nd ed

The Formation of English Common Law: Law and Society in England from King Alfred to Magna Carta 2nd ed

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781138189348
  • Previous Edition ISBN: 0582070260
  • 出版时间 August 2017
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
US$69.81
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  • 描述 
  • 大纲 
  • 详细

    The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time.

    Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest.

    Containing a new chapter charting the Anglo-Saxon period, as well as a fully revised Further Reading section, this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law.

  • Editor’s Preface to First Edition
    Author’s Preface to First Edition
    Author’s Preface to Second Edition
    Abbreviations

    CHAPTER 1 Introduction
    The concept of law
    The functions of law
    Disputing and negotiating
    English common law
    The formation of the English common law

    CHAPTER 2 The Court Framework in Anglo-Saxon and Anglo-Norman England
    The king’s court
    Local and itinerant justices
    Shire courts
    Hundred courts
    Seignorial courts
    Urban courts
    Ecclesiastical courts
    Conclusions

    CHAPTER 3 Violence and Theft in Anglo-Saxon and Anglo-Norman England
    Bricstan’s case
    Offences, offenders, and motives
    Prevention and police
    Trial
    Punishment and compensation
    Conclusions

    CHAPTER 4 Law and Land-holding in Anglo-Saxon England
    Æscwynn of Stonea, Ogga of Mildenhall, Wulfstan of Dalham and their gifts to the church of Ely
    The forms of land
    Land, lordship, and law
    The customary framework
    Disputes
    Conclusions

    CHAPTER 5 Law and Land-holding in Anglo-Norman England
    Land, lordship, and law
    The forms of land-holding
    The customary framework: control of land held in fee
    Disputes
    Anglo-Norman land law and common law property
    Conclusions

    CHAPTER 6 Angevin Reform
    Kingship, Stephen’s reign, and Angevin reform
    The eyre
    Chronology
    The stages and nature of reform
    Henry II and reform
    The administrator’s mentality
    Conclusions

    CHAPTER 7 Crime and the Angevin Reforms
    Ailward’s case
    Classification
    The continuation of traditional methods
    Presentment and the extension of royal authority
    The limits of royal authority
    Conclusions

    CHAPTER 8 Law and Land-holding in Angevin England
    Abbot Samson of Bury St Edmunds
    New procedures
    The impact of change
    Conclusions

    CHAPTER 9 Magna Carta and the Formation of the English Common Law
    King John and the administration of justice
    Magna Carta
    Law and legal expertise
    The common law
    Concluding comparisons
    Glossary
    Note on sources
    Further reading

    Index

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