The Law's Two Bodies: Some Evidential Problems in English Legal History

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John Baker (Downing Professor of Laws of England, Downing Professor of Laws of England, University of Cambridge)

The Law's Two Bodies

Some Evidential Problems in English Legal History

John Baker (Downing Professor of Laws of England, Downing Professor of Laws of England, University of Cambridge)

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English

Oxford University Press
01 July 2001

History: specific events & topics; Common law; Legal system: general

Series: Clarendon Law Lectures

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.

By: John Baker (Downing Professor of Laws of England Downing Professor of Laws of England University of Cambridge)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 225mm, Width: 145mm, Spine: 16mm
Weight: 425g
ISBN: 9780199245185
ISBN 10: 0199245185
Series: Clarendon Law Lectures
Pages: 218
Publication Date: 01 July 2001
Audience: College/higher education , Professional and scholarly , Postgraduate, Research & Scholarly , A / AS level , Undergraduate
Format: Hardback
Publisher's Status: Active

I: Case-Law and Statute-Law II: Legal Fictions III: Common Usage and Common Learning Appendices: Some Illustrative Texts A: Common Practice and Communis Error B: Fictions in Writs and Pleadings C: Fictions in Trial: Benefit of Clergy for Laymen D: Linguistic Fictions E: Improper Fictions F: Common Learning G: Opinions of Counsel Index

John Baker is Downing Professor of the Laws of England at the University of Cambridge

Reviews for The Law's Two Bodies: Some Evidential Problems in English Legal History

`There is much here to engage and challenge the historian.' English Historical Review `The Law's Two Bodies is undoubtedly of general interest to legal historians of any period, as well as to other critical analysts of law and its interpretation, at two levels. Firstly, Baker's lectures are an important lesson in how the meaning (or a fuller meaning; or an alternative meaning) of written law in its various forms may be found by researching related systems of legal knowledge, such as the education of legal personnel. Secondly, The Law's Two Bodies is a valuable study of how recorded law is not necessarily the absolute source of authority it may appear - or be claimed - to be.' Law Quarterly Review