Sir John Davies on Custom and the Common Law
Bibliographic Data
| ID | 10434604 |
|---|---|
| Authors | Edward Heath (0000-0003-3789-5461, corresponding author), Eugene Heath |
| Year | 2020 |
| Volume | 82 |
| Issue | 3 |
| Pages | 438-458 |
| Publication date | 2020-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The Review of Politics (JOURNAL) |
| Journal identifiers | ISSN: 0034-6705 • E-ISSN: 1748-6858 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0034670520000388 |
| OpenAlex | W3033320925 |
| Language | EN |
| References cited | 25 |
Seventeenth-century English common lawyer Sir John Davies sets forth, in his Irish Reports , a provocative and interesting argument on the nature of custom and its relation to the common law. This relatively unexplored argument shows how actions may emerge from conditions of liberty and slowly acquire qualities of social benefit and agreeability that are essential if the common law is to be identified with custom. Davies not only provides a coherent account of how custom might possess some reasonability, but he also seems to suggest that custom is unintended, thereby anticipating a theme found in eighteenth-century thinkers such as Mandeville, Hume, Ferguson, and Burke. In addition, Davies's account has important implications for political theory: the priority of the social over the political and a notion of political consent that arises via custom itself
Argument (complex analysis · Common law · Irish · Law and economics · Linguistics · Political philosophy · Political science · Politics · Relation (database · Sociology · Theme (computing · Unintended consequences · American Constitutional Law and Politics · Computer Science · Historical Economic and Legal Thought · Historical Legal Studies and Society · Law · Philosophy
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| Citation velocity | historical |
|---|---|
| Highly cited | No |