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Anglo-American Law and Canon Law
Canonical Roots of the Common Law Tradition
Comparative Studies in Continental and Anglo-American Legal History, Vol. 18
(1998)
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Abstract
In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also "ius commune, ius utrumque"). The "insularity" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common law tradition shows numerous points of confluence with the civil law (civil law, civilians: see also Continent) tradition, namely those relating to their common elements of Christian-canonical origin.For this very reason, the Anglo-American and the Continental legal traditions can be considered as the two components - the two sides - of one and the same legal culture, which embraces the entire Western world. It is probably also the reason why they can communicate with each other: they share an important "juridical vocabulary", an ensemble of common legal concepts.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Contents | XI | ||
| Introduction | 1 | ||
| Part I: The Anglo-American Legal Tradition | 5 | ||
| Chapter 1: The Two Great Western Legal Traditions | 5 | ||
| 1. Anglo-American Law and Continental Law | 5 | ||
| 2. Some Considerations on the Evolution of English Law | 11 | ||
| Chapter 2: Isolation and European Inspiration on Anglo-American Law | 19 | ||
| 1. The Presumed Insularity of English Law | 19 | ||
| 2. Anglo-American Law and Canon Law | 25 | ||
| Part II: The Routes of Entry of Canon Law into England | 33 | ||
| Chapter 3: Ecclesiastical Courts | 35 | ||
| 1. The Jurisdiction of the "Court Christian" | 36 | ||
| 2. Conflicts and Cooperation between Ecclesiastical and Royal Jurisdiction | 41 | ||
| 3. The Law Applied by English Ecclesiastical Courts | 44 | ||
| Chapter 4: The Court of Chancery | 51 | ||
| 1. Historical Evolution | 53 | ||
| 2. The Court of Chancery and Canon Law | 62 | ||
| Chapter 5: Jurisprudence or Legal Doctrine | 81 | ||
| Part III: The Influence of Canon Law on the Different Areas of English Law | 93 | ||
| Chapter 6: Marriage and Family | 93 | ||
| 1. English Matrimonial Law | 93 | ||
| 2. Ecclesiastical Jurisdiction in Matters Related to Matrimony | 101 | ||
| Chapter 7: The Law of Succession | 109 | ||
| 1. The Development of Ecclesiastical Jurisdiction on Succession | 111 | ||
| 2. Extension and Limits of Ecclesiastical Jurisdiction | 116 | ||
| Chapter 8: Contract Law | 125 | ||
| 1. Assumpsit, Consideration and Canon Law | 126 | ||
| 2. Other Elements of Roman-Canonical Origin | 136 | ||
| Chapter 9: Constitutional Law and Theory | 143 | ||
| 1. Canonical Influence on the Great Constitutional Principles | 145 | ||
| 2. Exercise of Power and Political Representation | 151 | ||
| Chapter 10: Other Areas of Law | 161 | ||
| 1. Procedural Law | 161 | ||
| 2. Criminal Law | 167 | ||
| 3. Real Property Law | 173 | ||
| 4. Law of Associations and Law of Bankruptcy | 180 | ||
| Conclusion | 183 | ||
| Index | 187 |