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Law and the Medieval Village Community: Reinvigorating Historical Jurisprudence

Law and the Medieval Village Community: Reinvigorating Historical Jurisprudence

Law and the Medieval Village Community: Reinvigorating Historical Jurisprudence

Author: Lorren Eldridge
Publisher: Routledge
ISBN: 9781032375557
Published In: June 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,950.00

HKD 1,891.50 Save HKD 58.50 (3%)

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Description
Contents

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This book expands on established doctrine in legal history and sets out a challenge for legal philosophers. The English medieval village community offers a historical and philosophical lens on the concept of custom, which challenges accepted notions of what law is. The book traces the study of the medieval village community from early historical works in the nineteenth century through to current research. It demonstrates that some law-making can and has been ‘bottom-up’ in English law, with community-led decision-making having a particularly important role in the early common law. The detailed consideration of law in the English village community reveals alternative ways of making and conceiving of law which are not dependent on state authority, particularly in relation to customary and communal property rights. Acknowledging this poses challenges for legal theory: 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 ought to be considered ‘law’ if we are ever going to fully understand law - both then and now. The book will be a valuable resource for researchers and academics working in the areas of Legal History, Legal Theory, and Jurisprudence.

Introduction

1. The Early Village Community Debate

2. Reframing the Village Community

3. Early Studies of Medieval Local Custom

4. The Village Community in the Twentieth Century

5. Custom and the Medieval English Village Community

6. Conclusion

Bibliography

Index

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