This book provides a challenging interpretation of the emergence of the common law in Anglo-Norman England, against the background of the general development of legal institutions in Europe. In a detailed discussion of the emergence of the central courts and the common law they administered, the author traces the rise of the writ system and the growth of the jury system in twelfth-century England. Professor van Caenegem attempts to explain why English law is so different from that on the Continent and why this divergence began in the twelfth century, arguing that chance and chronological accident played the major part and led to the paradox of a feudal law of continental origin becoming one of the most typical manifestations of English life and thought. First published in 1973, The Birth of the English Common Law has come to enjoy classical status, and in a preface Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings.

This book, first published in 1973, provides a challenging interpretation of the emergence of the common law in Anglo-Norman England.

First published in 1973, The Birth of the English Common Law has come to enjoy classic status. In a new preface, Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings. The book provides a challenging interpretation of the emergence of the Common Law in Anglo-Norman England, against the background of the general development of legal institutions in Europe.

"One of the Truly Great Pieces of Historical Literature of all Time" --Norman F. Cantor, Inventing the Middle Ages 66. Originally published: Cambridge: Cambridge University Press, 1898. 2 vols. xxxviii, 688; xiv, 691 pp. 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.

This volume includes the complete text of the third edition of 1739.