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Common law -- Great Britain -- History. --- Common law. --- Law-- Great Britain -- History. --- Torts. --- Common law --- Law - Non-U.S. --- Law, Politics & Government --- Law - Great Britain --- History --- -Anglo-American law --- Law, Anglo-American --- Customary law --- History. --- -History --- Common law - Great Britain - History
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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.
Common law --- History --- History. --- Common law -- England -- History. --- Common law - England - History. --- Common law -- England. --- Common law - History. --- Common law -- History. --- Common law. --- Anglo-American law --- Law, Anglo-American --- Customary law
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Professor Milsom works out a fresh view of the beginnings of the common law concerning land. The received picture depends upon progressive assumptions: key words began with their later meanings; the law began with abstract ideas of property; a tenant's title to his tenement was never subject to his lord's control; the lord had no discretion, only the power to decide disputes according to external criteria; jurisdiction in that sense was all the lord lost as royal remedies developed; and all the tenant gained was better protection of unaltered rights. It is a picture of procedural changes taking place against an unchanging background, with the feudal structure at the beginning almost as insubstantial as it was to be at the end.
History of the law --- Great Britain --- Feudal law --- Droit féodal --- Law, Feudal --- Land tenure --- 34 <09> --- 34 <09> Rechtsgeschiedenis --(algemeen) --- Rechtsgeschiedenis --(algemeen) --- Feudalism --- Law and legislation --- Law --- Arts and Humanities --- History --- Land tenure - Law and legislation - Great Britain --- Feudal law - Great Britain --- Real property
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