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The Common Law Mind: Medieval and Early Modern Conceptions

Name: The Common Law Mind: Medieval and Early Modern Conceptions
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Book Synopsis: Scholars of comparative law and English legal history have traditionally distinguished the civil law's emphasis on legislation as the primary source of legal authority from the common law's emphasis on custom and on case law. In The Common Law Mind, lawyer and political scientist James Tubbs finds little evidence to support this and other traditional understandings of English jurisprudence. Examining thousands of legal and judicial documents for references to the nature and authority of custom, case law, statutes, equity, and reason, Tubbs depicts the tensions within and the evolution of English legal thought between the twelfth and seventeenth centuries. Most lawyers, he concludes, never thought of all English law as customary in nature and never understood the common law to be a fundamental law, superior to statute. Instead, statute law was much more central to English jurisprudence than has usually been believed, and it was always understood to be superior in authority to the common law. The Common Law Mind revises a whole tradition of thinking about the nature and development of common law and its role in statutory interpretation.

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Discover a groundbreaking perspective on English legal history with The Common Law Mind: Medieval and Early Modern Conceptions. In this captivating book, author James Tubbs challenges traditional understandings of English jurisprudence, shedding new light on the evolution of legal thought between the twelfth and seventeenth centuries. With meticulous research and detailed analysis, Tubbs uncovers the true nature and authority of custom, case law, statutes, equity, and reason.

Unlike previous assumptions, Tubbs reveals that English law was not solely based on custom, but rather heavily relied on statute law. Contrary to popular belief, the common law was never seen as superior to statute law. This groundbreaking revelation reshapes our understanding of the English legal system and its role in statutory interpretation.

By exploring thousands of legal and judicial documents, Tubbs dismantles the traditional dichotomy between civil law and common law, showcasing the interconnectedness of the two. Building on this comprehensive analysis, he provides a fresh perspective on how English law truly functioned during this significant period of history.

As a scholar or enthusiast of comparative law and legal history, The Common Law Mind is an indispensable resource that challenges old assumptions and introduces a wealth of new insights. Don't miss out on this captivating journey through the evolution of English jurisprudence.

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