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The Law's Two Bodies

The Law's Two Bodies

Some Evidential Problems in English Legal History

by John Baker
Hardback
Publication Date: 05/07/2001

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The 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 early-modern period. Other forms of informal law may be seen at work in other times and contexts. Although judicial decisions will always remain prime sources of legal
history, as well as of law, the other body of legal thought and practice is equally `law' in that it influences lawyers and has real consequences. Neither the history nor the present working of the common
law can be understood without acknowledging its importance.
ISBN:
9780199245185
9780199245185
Category:
Common law
Format:
Hardback
Publication Date:
05-07-2001
Language:
English
Publisher:
Oxford University Press
Country of origin:
United Kingdom
Pages:
218
Dimensions (mm):
225x145x16mm
Weight:
0.43kg
John Baker

John Baker was a hotelier and rock ’n’ roll promoter in the eighties era of Midnight Oil, INXS and Cold Chisel. He became a wine merchant creating a number of fine wine stores, including Quaffers Double Bay Cellars and the Newport Bottler, as well as the importing business Bordeaux Shippers.

He likes wine from anywhere (as long as it’s very good) and is now more involved with a mixture of projects including the business of olive oil, as he says it’s good for his health and less punishing the next day.

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