Formation of the English Common Law

John Hudson is Professor of Legal History at St Andrews University, UK, and William W. Cook Global Law Professor at the University of Michigan. His previous publications include F. W. Maitland and the Englishness of English Law (2008), The Oxford History of the Laws of England, Volume II 871-1216 (2012) and Papers Preparatory to the Making of English Law: King Alfred to the Twelfth Century, Volume II: From God's Law to Common Law, ed., with Stephen Baxter (2014).

'John Hudson's The Formation of the English Common Law has been the essential and introductory guide to its topic for over twenty years, and has been of real service to students for its breadth of coverage and intelligent commentary. The new and updated edition extends its scope through the integration of research published since the first edition, which will only increase its usefulness to students.'Nicholas Karn, University of Southampton, UK'Hudson’s superb update of his thoughtful and engaging book The Formation of the English Common Law makes it an even more useful teaching text, but also contributes significantly to our understanding of the continuity of English law. Without overgeneralization or simplification, Hudson brings to life the intricate context of various local and royal jurisdictions, shifting the focus of study to include the impact of the law on the lives of individual people.' Arlene Sindelar, The University of British Columbia, Canada

• Editor’s Preface to First Edition Author’s Preface to First Edition Author’s Preface to Second EditionAbbreviations CHAPTER 1 Introduction The concept of law The functions of law Disputing and negotiating English common law The formation of the English common law CHAPTER 2 The Court Framework in Anglo-Saxon and Anglo-Norman England The king’s court Local and itinerant justices Shire courts Hundred courts Seignorial courts Urban courts Ecclesiastical courts Conclusions CHAPTER 3 Violence and Theft in Anglo-Saxon and Anglo-Norman England Bricstan’s case Offences, offenders, and motives Prevention and police Trial Punishment and compensation Conclusions CHAPTER 4 Law and Land-holding in Anglo-Saxon EnglandÆscwynn of Stonea, Ogga of Mildenhall, Wulfstan of Dalham and their gifts to the church of ElyThe forms of landLand, lordship, and lawThe customary frameworkDisputesConclusionsCHAPTER 5 Law and Land-holding in Anglo-Norman England Land, lordship, and law The forms of land-holding The customary framework: control of land held in fee Disputes Anglo-Norman land law and common law property Conclusions CHAPTER 6 Angevin Reform Kingship, Stephen’s reign, and Angevin reform The eyre Chronology The stages and nature of reform Henry II and reform The administrator’s mentality Conclusions CHAPTER 7 Crime and the Angevin Reforms Ailward’s case Classification The continuation of traditional methods Presentment and the extension of royal authority The limits of royal authority Conclusions CHAPTER 8 Law and Land-holding in Angevin England Abbot Samson of Bury St Edmunds New procedures The impact of change Conclusions CHAPTER 9 Magna Carta and the Formation of the English Common Law King John and the administration of justice Magna Carta Law and legal expertise The common law Concluding comparisons Glossary Note on sources Further reading Index