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Pollock, Sir Frederick. The Genius of the Common Law. New York: The Columbia University Press, 1912. vii, 141 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-047160. ISBN 1-58477-043-0. Cloth. $60. * A collection of Sir Frederick Pollock's lectures from the Carpentier Series at Columbia University. Holdsworth praised the eight lectures as a discussion of "...critical studies of aspects and characteristics of the common law which only an accomplished legal historian, a master of the modern law, and a professor of jurisprudence could have written." Holdsworth, Some Makers of English Law 287. Marke, A Catalogue of the Law Collection of New York University (1953) 143.
Sir William Holdsworth's well-known book traces the development of English Law from the days of Glanvil and Bracton in the second half of the twelfth century. He shows how English Common Law was shaped by a line of great men and how later equity grew up to supplement its deficiencies. The part played by Roman Law is also described. English law has affected the law in the United States and in the Commonwealth and the author brings out the connections clearly.
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).
The common law is almost universally regarded as a system of case-law, increasingly supplemented by legislation, but this is only partly true. There is an extensive body of lawyers' law which has a real existence outside the formal sources but is seldom acknowledged or discussed either by theorists or legal historians. This will still be so even when every judicial decision is electronically accessible. In the heyday of the inns of court, this second body of law was partly expressed in `common learning'. a corpus of legal doctrine handed on largely by oral tradition and a system of education informing the mind of every common lawyer. That common learning emanated from a law school in which the judges actively participated, and in which the lecturers of one generation provided the judiciary of the next. Some of it was written down, though the texts were until recently forgotten, and its importance was overlooked by historians as a result of changes in the common-law system during the early-modern period. Other forms of informal law may be seen at work in other times and contexts. Although judicial decisions will always remain prime sources of legal history, as well as of law, the other body of legal thought and practice is equally `law' in that it influences lawyers and has real consequences. Neither the history nor the present working of the common law can be understood without acknowledging its importance.
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.