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A Natural History of the Common Law S. F. C. Milsom

A Natural History of the Common Law By S. F. C. Milsom

A Natural History of the Common Law by S. F. C. Milsom


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Summary

How does law come to be stated as substantive rules, and then how does it change? One of Britain's most acclaimed legal historians focuses on the development of English common law-the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases-from which American law was to grow.

A Natural History of the Common Law Summary

A Natural History of the Common Law by S. F. C. Milsom

How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law-the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases-from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.

About S. F. C. Milsom

S. F. C. Milsom is professor emeritus of law at Cambridge University and the author of many books, including Historical Foundations of the Common Law and Legal Framework of English Feudalism. The recipient of the Harvard Law School's Ames Prize and the Royal Society of Arts' Swiney Prize, Milsom is past president of the Selden Society, a fellow of the British Academy and of the Royal Historical Society, and a member of the American Philosophical Society. He has been a fellow of St. John's College, Cambridge since 1976.

Table of Contents

I. Making Law: Lawyers and Laymen II. Changing Law III. Management, Custom, and Law IV. History and Lost Assumptions Notes Index

Additional information

GOR004240058
9780231129947
0231129947
A Natural History of the Common Law by S. F. C. Milsom
Used - Very Good
Hardback
Columbia University Press
20031203
184
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

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