Anglo-American Law and Canon Law

Canonical Roots of the Common Law Tradition

1998. XII, 195 S.
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In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also "ius commune, ius utrumque"). The "insularity" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common law tradition shows numerous points of confluence with the civil law (civil law, civilians: see also Continent) tradition, namely those relating to their common elements of Christian-canonical origin.

For this very reason, the Anglo-American and the Continental legal traditions can be considered as the two components - the two sides - of one and the same legal culture, which embraces the entire Western world. It is probably also the reason why they can communicate with each other: they share an important "juridical vocabulary", an ensemble of common legal concepts.


Inhalt: Introduction - Part I: The Anglo-American Legal Tradition: 1. The Two Great Western Legal Traditions: Anglo-American Law and Continental Law - Some Considerations on the Evolution of English Law - 2. Isolation and European Inspiration on Anglo-American Law: The Presumed Insularity of English Law - Anglo-American Law and Canon Law - Part II: The Routes of Entry of Canon Law into England: 3. Ecclesiastical Courts: The Jurisdiction of the "Court Christian"" - Conflicts and Cooperation between Ecclesiastical and Royal Jurisdiction - The Law Applied by English Ecclesiastical Courts - 4. The Court of Chancery: Historical Evolution - The Court of Chancery and Canon Law - 5. Jurisprudence or Legal Doctrine - Part III: The Influence of Canon Law on the Different Areas of English Law: 6. Marriage and Family: English Matrimonial Law - Ecclesiastical Jurisdiction in Matters Related to Matrimony - 7. The Law of Succession: The Development of Ecclesiastical Jurisdiction on Succession - Extension and Limits of Ecclesiastical Jurisdiction - 8. Contract Law: Assumpsit, Consideration and Canon Law - Other Elements of Roman-Canonical Origin - 9. Constitutional Law and Theory: Canonical Influence on the Great Constitutional Principles - Exercise of Power and Political Representation - 10. Other Areas of Law: Procedural Law - Criminal Law - Real Property Law - Law of Associations and Law of Bankruptcy - Conclusion - Index

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