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The History of English Law Before the Time of Edward I

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Click here to buy The History of English Law Before the Time of Edward I by  Frederick, Sir Pollock and Frederic William Maitland. The History of English Law Before the Time of Edward I
by Frederick, Sir Pollock and Frederic William Maitland
Sales Rank: 945089
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List Price: $250.00
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Features
  • Cover Type: Hard Cover
  • Published by: Lawbook Exchange Ltd; 2 Reprint edition September 30, 1996
  • Written in: English
  • ISBN 10 Number: 1886363226
  • ISBN 13 Number: 978-1886363229
  • Book Dimensions: 12.1 x 9.2 x 4.6 inches
  • Weighs: 6.9 pounds

    Book Description
    "One of the Truly Great Pieces of Historical Literature of all Time" Pollock, Frederick, and Frederic William Maitland. The History of English Law before the Time of Edward I. Cambridge: Cambridge University Press, 1898. Two volumes. xxxviii, 688; xiv, 691 pp. Reprinted 1996 by The Lawbook Exchange, Ltd. LCCN 96-16003. ISBN-13: 978-1-886363-22-9. ISBN-10: 1-886363-22-6. Cloth. $250.

    Reprint of the second and best edition. The History of English Law was the first systematic history based on modern historical methods. It addresses the period before the Norman Conquest in 1066, but deals primarily with the creation and establishment of the common law, a process initiated in the reign of Henry II (1154-1189) and concluded in the reign of Edward I (1272-1307). The first volume traces this history. The second volume treats the doctrines of the common law, including tenure, the law of personal condition, status and estate, and the jurisdiction and communities of the land. Gracefully written and enriched with countless references this is an essential book. First published in 1895, it remains a primary text for students of legal history and the social history of medieval England. "[Its] interpretation of the making of the common law made all previous accounts completely obsolete and was unchallenged until the 1960s. () It is an amazing achievement, one of the truly great pieces of historical literature of all time, these chapters by Pollock and Maitland.": Norman F. Cantor, Inventing the Middle Ages 58, 66.

    Reader Reviews
    The law of England underwent major changes under the energetic leadership of the Plantagenet kings. This scholarly work traces and outlines this most fascinating and actually entertaining period in legal history. Before the acts chronicled here, the business of law enforcement in all its various forms, both civil and criminal, was a rather haphazard and local affair. Magical ordeals, often administered by the clergy, and probably fixed by them to reach what they thought the proper outcome, were a major method of trial. Noblemen could fend off charges by their inferiors by swearing they didn't do it, and finding enough people to swear that they believed 'em. Disputes between nobles were as often as not settled by the sword, in either actual battle or ritual combat. The Plantagenet kings made this imperfect system obsolete, not by legislating it out of existence, but by offering a superior product. They introduced the grand and petit jury, whose ultimate origins are obscure, but which may trace back to the Scandinavian ancestors of the Normans. New forms of litigation were set up beside the old ones, only these led to the royally instituted jury rather than the old forms of trial by oaths, magic, or battle. And, having this parallel system in place, attorneys were careful to frame their pleadings so as to bring their litigation within the ambit of the new trials, rather than the old ones. These basic legal reforms, helped along by certain legal fictions made necessary to achieve the desired result, became the foundation of a legal system more suited to a national state with a central royal government, rather than the patchwork jurisdictions of feudalism. This fascinating story is told in all its detail in these old but still intriguing books. Comment | | (Report this)


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