English Legal History and its Materials

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TheReceptionInEnglishdRenaissance 6 - 30 Oct 2014 - Main.IgnacioMenchaca
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The Reception, a process in the renaissance of replacement of "barbarian" medieval customary law by classical roman law [1], was occurring during the renaissance over Europe. Nevertheless, according to F.W. Maitland, as he explained in English Law and the Renaissance (1901), such process did not have the same success in England as in the rest of Continental Europe. What are the reasons that Maitland and latter authors give for the survival of common law in England?
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 Perhaps Prof. Moglen was right. The Reception never happened. Whatever embrace of the Roman Law there was in England was merely a small part of Henry’s plan to rid the Catholic church of its influence in England so that he could become leader of both the church and state. This had nothing to do with the merits of a Roman or English legal system.

-- JulianAzran - 24 Oct 2014

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In Social History of English Law (1966, repr. ed. 1973), by A. Harding, the author states that certain ideas attributed to Reception, such as the inquisitorial role or the judge (key characteristic of Civil Law), where already present in English Common Law before the Renascence. The carefully inspection of the witnesses by the judge was an aspect of the common law procedure, which was performed locally by the knights of the shire and presented in writing to the court.

Nevertheless, the author describe the direct use by English courts of Roman substantive and procedure law.

-- IgnacioMenchaca - 30 Oct 2014

http://en.wikipedia.org/wiki/English_Renaissance#Criticism_of_the_idea_of_the_English_Renaissance

This wiki article could be subject to review. I think it is possible to complement such idea with our investigation regarding Common and Civil Law.

-- IgnacioMenchaca - 30 Oct 2014

 
 
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Revision 6r6 - 30 Oct 2014 - 00:14:32 - IgnacioMenchaca
Revision 5r5 - 24 Oct 2014 - 17:45:48 - JulianAzran
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