The Influence of the Roman Law on the Law of England

ISBN-13: 9781584779841 / Angielski / Twarda / 2010 / 218 str.

Thomas Edward Scrutton

Opis

Reprint. Originally published: Cambridge [Cambridgeshire]: University Press, 1885.

The extent of Roman influence on English common law, long a keenly debated topic, was subjected to careful scrutiny during the establishment of modern English legal historiography in the late 1800s. Scruttons revisionist essay, a path-breaking work that won Cambridge Universitys prestigious Yorke Prize, evaluates and mostly discredits the work of his predecessors, most notably Finlason, Coote and Seebohm. In its place he offers a history from the Saxon period to his day guided by a close reading of sources. Scrutton believed that Roman law was a minor influence until it was introduced to Oxford by Vacarius. It became considerable after that watershed event, an argument he advances through a close reading of Glanville and a book-by-book demonstration of Azos influence on Bracton. Reprint of the sole edition."[Scrutton] has written what we believe to be the best essay on this subject.... It will be a useful guide to the authorities for any who are investigating the history of our law, while the authors own opinions are for the most part sound and sober, and are clearly and modestly stated." Law Quarterly Review 2 (1886) 96Thomas Edward Scrutton [1856-1934] was an English jurist and writer. After a career in commercial law he became a judge of the Kings Bench Division and of the Court of Appeal. He wrote the still standard The Contract of Affreightment as Expressed in Charterparties and Bills of Lading (1886) and an important treatise on English copyright law, The Law of Copyright (1883).CONTENTSINTRODUCTIONPART I. ROMAN INFLUENCES OF ENGLISH LAW BEFORE THE COMING OF VACARIUSCHAPTER I. The Sources of the Roman LawCHAPTER II. The Claims of the Roman LawCHAPTER III. Roman Law in the Early Land Law Mr Seebohms Manorial TheoryCHAPTER IV. Roman Law in the Early Family LawCHAPTER V. Roman Law in Early ProcedureCHAPTER VI. Roman Law in the Early Constitution Part I. Shires and HundredsPart II. Towns and GildsCHAPTER VII. Roman Law and the Norman ConquestCHAPTER VIII. Summary PART II.ROMAN INFLUENCES IN ENGLISH LAW AFTER THE COMING OF VACARIUSCHAPTER I. The Introduction of the Roman LawCHAPTER II. Roman Law in Glanvil CHAPTER III. Roman Law in Bracton Bractons First Book: on PersonsBractons Second Book: on PropertyBractons Third Book: on Contracts and Actions Criminal LawRemainder of Bracton ResultsCHAPTER IV. Roman Law in Britton and FletaCHAPTER V. Roman Law from Fleta to Coke.CHAPTER VI. Roman Law in Coke CHAPTER VII. Authority of Bracton since CokeCHAPTER VIII. Roman Law; its authority in Hale and Blackstone CHAPTER IX. Roman Law in BlackstoneCHAPTER X. Summary of Roman Law in Text-writersCHAPTER XI. Roman Law in the ChanceryCHAPTER XII. Roman Law in the Ecclesiastical CourtsCHAPTER XIII. Roman Law in the Admiralty CHAPTER XIV. Roman Law in the Law MerchantCHAPTER XV. Roman Law in the Common LawConclusion Index