Law and the Medieval Village Community: Reinvigorating Historical Jurisprudence
Law and the Medieval Village Community: Reinvigorating Historical Jurisprudence
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This book explores the concept of custom in the English medieval village community, challenging the notion that law is solely state-based. It demonstrates that community-led decision-making played a significant role in the early common law, and offers an alternative approach to law-making that is not dependent on the state. This poses challenges for legal theory, which tends to reject custom as a source of law. The book will be valuable for researchers and academics in Legal History, Legal Theory, and Jurisprudence.
Format: Hardback
Length: 238 pages
Publication date: 30 June 2023
Publisher: Taylor & Francis Ltd
This book delves into established doctrines in legal history and presents a thought-provoking challenge for legal philosophers. The English medieval village community serves as a historical and philosophical framework for examining the concept of custom, which challenges prevailing notions of what law is. The book traces the study of the medieval village community from early historical works in the nineteenth century to contemporary research, highlighting that some law-making in English law has been "bottom-up," with community-led decision-making playing a significant role in the early common law.
Through a detailed examination of law in the English village community, the book reveals alternative approaches to making and conceiving of law that are not reliant on the state, particularly in relation to customary and communal property rights. This raises significant challenges for legal theory, as the legal positivism that dominates Western legal philosophy tends to reject custom as a source of law. However, this book argues that medieval customary law deserves to be considered "law" if we are ever to fully understand law, both in the past and in the present.
The book will be an invaluable resource for researchers and academics engaged in the fields of Legal History, Legal Theory, and Jurisprudence. It offers a comprehensive exploration of the historical and philosophical dimensions of custom and its implications for legal theory and practice.
Weight: 630g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032375557
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