English Legal History and its Materials

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TheReceptionInEnglishdRenaissance 8 - 05 Nov 2014 - Main.JulianAzran
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The Reception, a process in the renaissance of replacement of "barbarian" medieval customary law by classical roman law [1], was occurring during the renaissance over Europe. Nevertheless, according to F.W. Maitland, as he explained in English Law and the Renaissance (1901), such process did not have the same success in England as in the rest of Continental Europe. What are the reasons that Maitland and latter authors give for the survival of common law in England?
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 I agree, I think that this wiki article is something we could work with.

-- JulianAzran - 05 Nov 2014

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Certain legal scholars have claimed that there exists evidence of the Renaissance’s influence on the English legal system. Maitland claimed that there was a “Reception” of Roman Law during the reign of King Henry VIII. Although certain changes to the English law did occur during the Renaissance period, there is scant evidence to attribute such changes to the any sort of “reception” of Roman law. After Henry VIII enacted the Acts of Supremacy, making his word law supreme in church and state, he prohibited the academic study of canon law, and encouraged the study of the civil law (by founding professorships at Oxbridge). “There was a pleasant reading in the Byzantine Code for a king who wished to be monarch in church as well as state: pleasanter reading than could be found in our ancient English law-books.” Whatever embrace of the Roman Law there was in England was merely a small part of Henry’s plan to rid the Catholic church of its influence in England so that he could become leader of both the church and state.

-- JulianAzran - 05 Nov 2014

 
 
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