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Law and Order in Anglo-Saxon England explores English legal culture and practice across the Anglo-Saxon period, beginning with the essentially pre-Christian laws enshrined in writing by King Æthelberht of Kent in c. 600 and working forward to the Norman Conquest of 1066. It attempts to escape the traditional retrospective assumptions of legal history, focused on the late twelfth-century Common Law, and to establish a new interpretative framework for the subject, more sensitive to contemporary cultural assumptions and practical realities. The focus of the volume is on the maintenance of order: what constituted good order; what forms of wrongdoing were threatening to it; what roles kings, lords, communities, and individuals were expected to play in maintaining it; and how that worked in practice. Its core argument is that the Anglo-Saxons had a coherent, stable, and enduring legal order that lacks modern analogies: it was neither state-like nor stateless, and needs to be understood on its own terms rather than as a variant or hybrid of these models. Tom Lambert elucidates a distinctively early medieval understanding of the tension between the interests of individuals and communities, and a vision of how that tension ought to be managed that, strikingly, treats strongly libertarian and communitarian features as complementary. Potentially violent, honour-focused feuding was an integral aspect of legitimate legal practice throughout the period, but so too was fearsome punishment for forms of wrongdoing judged socially threatening. Law and Order in Anglo-Saxon England charts the development of kings' involvement in law, in terms both of their authority to legislate and their ability to influence local practice, presenting a picture of increasingly ambitious and effective royal legal innovation that relied more on the cooperation of local communal assemblies than kings' sparse and patchy network of administrative officials.
Beginning with Coke and Selden, Holdsworth surveys the work of the great practitioners of Anglo-American legal history. Originally published: New York: Columbia University Press, 1928. 175 pp. "In this reprint of lectures delivered by the learned author in the United States of America, the course of the literature of Anglo-American legal history is portrayed in an illuminating fashion. Pursuing a chronological sequence, the lectures survey the effect of the historical tradition of the common lawyers before legal history began to be written, in which class the learned author puts the work of Coke, passing on to the more historical work of the later authors of whom the first appears to be Selden, while the last include the names of several living writers, both English and American. (...) [N]o one interested in the growth of Anglo-American law can fail to read with pleasure and profit this stimulating treatment of the development of legal history." --Law Quarterly Review 44: 392. WILLIAM S. HOLDSWORTH [1871-1944] was a professor at the University of Cambridge from 1903-1908 and Vinerian Professor of English Law at Oxford from 1922-1944. He is well-known for his monumental A History of English Law (1903-1966) and other works, such as Charles Dickens as a Legal Historian (1929) and Some Makers of English Law (1938).
Oakley, Thomas Pollack. English Penitential Discipline and Anglo-Saxon Law in Their Joint Influence. New York: Columbia University Press, 1923. 226 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-302-2. Cloth. $65. * Penitentials are manuals for confessors that outline penances and their fines. They originated in the Celtic church and their use spread throughout the British Isles during the early middle ages. Though restricted to church discipline, they often influenced secular law. Beginning with a history and discussion of the penitentials, Oakley examines the legal traditions that influenced their development and their reciprocal influence on the development of the common law. Originally published as Volume CVII, Number 2 in Columbia's series, Studies in History, Economics and Public Law.