The Common Law Mind: Medieval and Early Modern Conceptions - Hardcover

Tubbs, Professor J. W.

Hardcover

ISBN 10: 0801862094 ISBN 13: 9780801862090

Verlag: The Johns Hopkins University Press, 2000

Inhaltsangabe

Book by Tubbs Professor J W

Über diesen Titel

Críticas:

"Traditionally, historians have stressed two points about English law. Firstly, they have argued that the English from the 1100s onwards saw their law as essentially customary in nature. Secondly, they have asserted the independence of English law from continental systems, and particularly from civil or Roman law. Tubbs argues strongly against both these claims. He provides convincing evidence against the notion that medieval lawyers thought of the law primarily as custom and demonstrates that they derived much -- including many ideas about custom itself -- from Roman law. Drawing on contemporary treatises and on an impressive range of the year books, Tubbs also argues effectively that it is wrong to say -- as some scholars have -- that law was not made but declared in the Middle Ages, or that legislation was unimportant. This is a well-organized and well-written book." -- Johann Sommerville, University of Wisconsin-Madison

Reseña del editor:

Scholars of comparative law and English legal history have traditionally distinguished the civil law's emphasis on legislation as the primary source of legal authority from the common law's emphasis on custom and on case law. In The Common Law Mind, lawyer and political scientist James Tubbs finds little evidence to support this and other traditional understandings of English jurisprudence.

Examining thousands of legal and judicial documents for references to the nature and authority of custom, case law, statutes, equity, and reason, Tubbs depicts the tensions within and the evolution of English legal thought between the twelfth and seventeenth centuries. Most lawyers, he concludes, never thought of all English law as customary in nature and never understood the common law to be a fundamental law, superior to statute. Instead, statute law was much more central to English jurisprudence than has usually been believed, and it was always understood to be superior in authority to the common law. The Common Law Mind revises a whole tradition of thinking about the nature and development of common law and its role in statutory interpretation.

Über diese Auflage

• Verlag: The Johns Hopkins University Press
• Erscheinungsdatum: 2000
• ISBN 10: 0801862094
• ISBN 13: 9780801862090
• Einband: Tapa dura
• Anzahl der Seiten: 272