The common law is almost universally regarded as a system of case-law,
increasingly supplemented by legislation, but this is only partly
true. There is an extensive body of lawyers' law which has a real
existence outside the formal sources but is seldom acknowledged or
discussed either by theorists or legal historians. This will still be
so even when every judicial decision is electronically accessible. In
the heyday of the inns of court, this second body of law was partly
expressed in `common learning'. a corpus of legal doctrine handed on
largely by oral tradition and a system of education informing the mind
of every common lawyer. That common learning emanated from a law
school in which the judges actively participated, and in which the
lecturers of one generation provided the judiciary of the next. Some
of it was written down, though the texts were until recently
forgotten, and its importance was overlooked by historians as a result
of changes in the common-law system during the early-modern period.
Other forms of informal law may be seen at work in other times and
contexts. Although judicial decisions will always remain prime sources
of legal history, as well as of law, the other body of legal thought
and practice is equally `law' in that it influences lawyers and has
real consequences. Neither the history nor the present working of the
common law can be understood without acknowledging its importance.
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Some Evidential Problems in English Legal History
Produktdetaljer
ISBN
9780191661679
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter