The guilds of law in medieval legal history an inquiry into the origins of the inns of court
Юридические корпорации в средневековой истории права: исследование происхождения судебных иннов
2022-02-23
SCID: 54.1/uybqb8ve
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English common lawInns of Courtcase-law methodcivil and canon lawmedieval legal history
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Abstract (AI)
Medieval England presents the student of legal history with a number of interesting peculiarities. Among these are the common law and the schools where it was taught, the Inns of Court. English law was the only native law in medieval Europe, functioning distinctly from both civil and canon law. It was judge-made, and followed the case-law method peculiar to it, distinct from the codification system of civil and canon law. And its schools, called the Inns of Court, were, in Christendom, the only law schools of their kind that came out of the Middle Ages into modern times. These and other features belonged to England alone among all the nations of Europe. It shared them only with the Muslim East. The extant sources contain no direct evidence of a connection between the two systems; but that the similarities between them were peculiar to them alone, there can be no doubt.
Key Findings
1
England’s combination of native common law and enduring Inns of Court was exceptional in medieval Europe and shared only with the Muslim East.
2
English common law followed a judge-made, case-law method rather than the codification system characteristic of civil and canon law.
3
Medieval England’s common law developed as a native legal system distinct from both Roman civil law and canon law.
4
The Inns of Court were unique medieval law schools that survived into the modern era, unlike comparable institutions elsewhere in Christian Europe.
5
The abstract identifies striking similarities between medieval English and Muslim legal systems, while noting that existing sources provide no direct evidence of historical connection.
Research Object
medieval English common law and the Inns of Court
Research Subject
the origins and distinctive historical development of the Inns of Court and their judge-made, case-law legal tradition
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2022-02-23
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