Description
Book SynopsisThe common law is almost universally regarded as a system of case-law, increasingly supplemented by legislation, but this is only partly true. There is an extensive body of lawyers'' law which has a real existence outside the formal sources but is seldom acknowledged or discussed either by theorists or legal historians. This will still be so even when every judicial decision is electronically accessible. In the heyday of the inns of court, this second body of law was partly expressed in `common learning''. a corpus of legal doctrine handed on largely by oral tradition and a system of education informing the mind of every common lawyer. That common learning emanated from a law school in which the judges actively participated, and in which the lecturers of one generation provided the judiciary of the next. Some of it was written down, though the texts were until recently forgotten, and its importance was overlooked by historians as a result of changes in the common-law system during the
Trade ReviewThere is much here to engage and challenge the historian. * English Historical Review *
The Law's Two Bodies is undoubtedly of general interest to legal historians of any period, as well as to other critical analysts of law and its interpretation, at two levels. Firstly, Baker's lectures are an important lesson in how the meaning (or a fuller meaning; or an alternative meaning) of written law in its various forms may be found by researching related systems of legal knowledge, such as the education of legal personnel. Secondly, The Law's Two Bodies is a valuable study of how recorded law is not necessarily the absolute source of authority it may appear - or be claimed - to be. * Law Quarterly Review *
Table of ContentsI. Case-Law and Statute-Law ; II. Legal Fictions ; III. Common Usage and Common Learning ; Appendices: Some Illustrative Texts ; A. Common Practice and Communis Error ; B. Fictions in Writs and Pleadings ; C. Fictions in Trial: Benefit of Clergy for Laymen ; D. Linguistic Fictions ; E. Improper Fictions ; F. Common Learning ; G. Opinions of Counsel ; Index
