The Birth of Common Law in England (Second Edition)

Author: (English) Kagan
Publisher:
Publish Date: 2003-10-01
Features: This book presents a challenging explanation for the emergence of common law in Anglo-Norman England against the backdrop of the overall development of the European legal system. The author begins by discussing in detail the emergence and evolution of the unified central royal courts and the common law they implemented. He then explores the rise of the English writ system in the 12th century and the growth of the jury system. Next, Professor Kagan attempts to explain why English law differs so greatly from continental law? Why did this divergence begin in the 12th century? He argues that contingency and temporal misalignment played a major role, leading to the following paradox: feudal law, which originated on the European continent, became a typical manifestation of British life and thought. The Birth of the English Common Law was first published in 1973 and has now begun to enter the ranks of classic works. In the new preface to the second edition, Professor Kagan discusses some recent developments in the study of English law under the Norman and early Angevin kings.