A Natural History of the Common Law PDF
By:S. F. C. Milsom
Published on 2003-12-03 by Columbia University Press
How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law—the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases—from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.
This Book was ranked at 30 by Google Books for keyword Natural Law.
Book ID of A Natural History of the Common Law's Books is aQ6Yyvh9inEC, Book which was written byS. F. C. Milsomhave ETAG "q1dFBWcu1Zo"
Book which was published by Columbia University Press since 2003-12-03 have ISBNs, ISBN 13 Code is 9780231503495 and ISBN 10 Code is 0231503490
Reading Mode in Text Status is true and Reading Mode in Image Status is true
Book which have "184 Pages" is Printed at BOOK under CategoryHistory
Book was written in en
eBook Version Availability Status at PDF is true and in ePub is true
Book Preview
Download A Natural History of the Common Law PDF Free
Download A Natural History of the Common Law Books Free
Download A Natural History of the Common Law Free
Download A Natural History of the Common Law PDF
Download A Natural History of the Common Law Books
Tidak ada komentar:
Posting Komentar