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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.
Although this book was envisaged as a joint venture and bears the name of both Pollock and Maitland, it is substantially the work of Maitland. It was recognized at once as a masterpiece and has since been accepted as one of the great histories in the English language. In Maitland's lifetime Acton pronounced him the ablest historian in England. Plucknett said that 'everything he wrote exercises a deep fascination and a personal attraction'. To Sir Maurice Powicke he was 'one of the immortals'. Lord Annan, in the preface to his Leslie Stephen, called him 'perhaps the greatest of all professional historians'. To read The History of English Law, even many years after Maitland's death, is to feel at once the touch of a master.
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.
‘This volume, originally intended asthe first of two comprising The Making of English Law, provides the first full-length account of the Old English law-codes for over eighty years, and the first that has ever been published in the English language. It is designed to be both an authoritative work of reference for scholars seeking enlightenment on particular legal manuscripts or texts and a coherent account of how the corpus of Old English law from the seventh to the twelfth century came to subsist and survive. Part I opens with an account of the historians of early English law, including the immortal F. W. Maitland (1850-1906) and Felix Liebermann, author of the definitive edition of the law codes (1898-1916). It then provides the most detailed examination English of law and legislation on the European continent in the post-Roman era and of the earliest Anglo-Saxon legislators in the seventh century. This sets the scene for the law making of King Alfred and his successors. As well as providing an authoritative account of Anglo-Saxon legislation this much-anticipated book opens new perspectives on the emergence of the English State. It will be welcomed as a landmark in the study of English law and government, and as an exploration of the problem of authority in a pre-modern society.’ These changes are to be made to the about the book section and author bio and also to the jacket copy and should be fed out to all relevant websites.