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Martínez-Torrón, J. (1998). Anglo-American Law and Canon Law. Canonical Roots of the Common Law Tradition. Duncker & Humblot.
Martínez-Torrón, Javier. Anglo-American Law and Canon Law: Canonical Roots of the Common Law Tradition. Duncker & Humblot, 1998. Book.
Martínez-Torrón, J (1998): Anglo-American Law and Canon Law: Canonical Roots of the Common Law Tradition, Duncker & Humblot, [online]


Anglo-American Law and Canon Law

Canonical Roots of the Common Law Tradition

Martínez-Torrón, Javier

Comparative Studies in Continental and Anglo-American Legal History, Vol. 18


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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