|Delivery Type||Delivery length / details|
|Lecture||16 Hours. two one hour lectures per week|
|Seminars / Tutorials||3 Hours. Three one hour seminars during the semester|
|Assessment Type||Assessment length / details||Proportion|
|Semester Exam||1.5 Hours||100%|
On successful completion of this module students should be able to:
To gain knowledge of seminal events in the foundation of the English legal system. To analyse factors which are important in the process of legal development and to demonstrate an awareness of and a capacity to engage in legal historical analysis. To acquaint students with the sources of knowledge in this area and problems with their use.
Students will be encouraged to become acquainted with the nature of the legal records of the time (in facsimile!) and to work with primary sources (cases, statutes, treatises) in translation where necessary. "The past is a foreign country" is by now a cliche, but remember that travel broadens the mind. No previous knowledge of history or of language is required to study this course, merely interest, application and imagination. Then you may consider such cases as that of Richard Fitznigel and the scabby monk. The cast list is fabulous, the plots are amazing.
To consider law from a historical perspective in order to investigate its role in responding to and initiating wider social change. In the light of such consideration a critical and inquiring approach to legal phenomena is developed.
A. THE BIRTH OF THE COMMON LAW
1. The Court System
Local and central courts, itinerant justices, ecclesiastical courts. The nature, jurisdiction and inter-relationship of these bodies will be considered.
2. Civil Procedures
The writ system, the process before and at trial, pleading, proof (the trials by ordeal, battle and oathhelping, the rise of the jury), execution of judgement.
3. Legal Literature
Treatises, rolls, reports, the nature of, and difficulties with, legal literature of the period and a consideration of its authors and readership.
4. Land Law
The social significance and jurisprudential structure of landholding tenures and incidents, estates and the actions for recovery of real property.
Reading ListRecommended Text
J H Baker Introduction to English Legal History 4th Primo search S F C Milson Historical Foundations of the Common Law 2nd Primo search
This module is at CQFW Level 6