Document Type

Article

Publication Date

1993

ISSN

1464-3820

Publisher

Oxford University Press

Language

en-US

Abstract

English common law practitioners and judges borrowed much of the conc structure for their body of legal knowledge from the legal culture of continen Europe over the centuries. Their surviving writings show a marked increa the use of Roman legal classifications in the century before 1600: public private, criminal and civil, real and personal, property and possession, con and delict, among other examples. Those who perpetuated the learning of English royal courts in the sixteenth century had begun fitting it in framework borrowed from the two great bodies of 'learned law' taught in universities of Europe: civil (Roman) law and canon law. Common lawyer expressed the need for an 'institutes' of English law, a written introductory w that would survey the whole of the common law in its main classificatio comparable to Justinian's Institutes of Roman law (533 AD) and Giovanni P Lancelotti's Institutes of canon law (1563). In the decades after 1600, such institutes of common law began to appear.

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