Historical Interpretation of Common Law (Starting from Maitland)

Author: Li Honghai
Publisher:
Publish Date: 2003-01-01
Features: Comparative Law Series. This book historically explores the early development of common law from the perspective of a legal researcher, which is not commonly seen in China. It cites a large number of classic works and original materials on British legal history, providing substantial evidence and compelling arguments. The book is suitable for undergraduate and research students in law, as well as readers in the fields of history and sociology. It describes the birth and early development of common law from a historical perspective. The book consists of seven chapters. Given the significant role of Maitland in British legal history research, it begins by introducing Maitland's life and academic career, reviewing his monumental work The History of English Law—From Edward I to the Accession of George III. It then explores three threads of early common law development: the judicial system, feudalism and the English tradition of the rule of law, and the system of property rights. Next, it discusses the early development of common law from both macro and micro perspectives. The macro perspective primarily involves a comparison with Roman law, while the micro perspective focuses on analyzing the intrinsic connection between the English tradition of the rule of law and the legal profession in Britain. The final chapter discusses the issue of British law within the widely popular Weberian social theory. This book historically explores the early development of common law from the perspective of a legal researcher, which is not commonly seen in China. It cites a large number of classic works and original materials on British legal history, providing substantial evidence and compelling arguments. The book is suitable for undergraduate and research students in law, as well as readers in the fields of history and sociology.