Roman Law in England Before the Time of Bracton
Bibliographic Data
| ID | 10063161 |
|---|---|
| Authors | Ralph V Turner (Florida State University, corresponding author) |
| Year | 1975 |
| Volume | 15 |
| Issue | 1 |
| Pages | 1-25 |
| Publication date | 1975-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of British Studies (JOURNAL) |
| Journal identifiers | ISSN: 0021-9371 • E-ISSN: 1545-6986 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1086/385676 |
| OpenAlex | W1967551075 |
| Language | EN |
| Citations received | 3 |
| References cited | 16 |
In Maitland's words, “Of all the centuries the twelfth was the most legal.” It was a time of growth for the great legal systems in the West: English common law, revived Roman law, and canon law. Students of medieval England have rarely concerned themselves with the question of the connection between these legal systems. For six centuries, from Bracton until the rise of modern legal history with Maitland, the study of English law was insular, ignoring the continental legal systems. When a seventeenth-century civilian wrote that “our common law, as we call it, is nothing else than a mixture of the Roman and the feudal,” he aroused the anger of Coke and the common lawyers. Recently scholars have taken such a view more seriously, and a number of studies have sought Roman or canonistic influences on English law. It might be useful, then, to reconsider the matter of the impact of Rome on English law in the light of recent scholarship, asking three questions: To what extent was Roman law known and studied in England before the time of Bracton? What influences, if any, do scholars find that it had on the legal innovations of Henry II and his sons? Why did the English fail to ‘receive’ Roman law in the way that countries on the Continent did? Any influence of Roman law in England during the centuries after the withdrawal of Roman legions and before the Norman Conquest can be dismissed quickly. Once Christianity was re-introduced to the island, the revival of Roman Law, or at least of some notion of Roman legal concepts, was possible
Archaeology · Canon Law · Christianity · Common law · English law · Feudalism · Legal culture · Legal history · Political science · Historical Legal Studies and Society · History · Law · Legal principles and applications · Multicultural Socio-Legal Studies
Historical foundations of the common law
The History Of English Law Before The Time Of Edward I
Miscellanea Britannica
English Learning in the Late Twelfth Century
The Relations between Roman Law and English Common Law down to the Sixteenth Century
A View of Archbishop Lanfranc
The Softools of Northampton in the Twelfth Century
The Origin of the University of Oxford
The Assize of Novel Disseisin
Edward I and Criminal Law
The Statesman's Book of John of Salisbury
The Monastic Order in England, 943-1216
Early English Legal Literature
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,08 |
| Citation span | 1990 - 2014 (25) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |