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Law, Liberty and the Constitution: A Brief History of the Common Law
£15.90£19.00 (-16%)
A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law – the spinal cord of the English body politic. Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England’s constitution. This accessible and entertaining history traces the growth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties.This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law – predating that of any other European country – from almost wholly Anglo-Saxon elements. Yet by theseventeenth century this royal offspring – Oedipus Lex it could be called – was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism. Devoid ofjargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law – the spinal cordof the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history andwrote and presented an award-winning series on the history of the common law for the BBC.
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Additional information
| Publisher | Boydell Press, Illustrated edition (20 Mar. 2020) |
|---|---|
| Language | English |
| Paperback | 362 pages |
| ISBN-10 | 1783275030 |
| ISBN-13 | 978-1783275038 |
| Dimensions | 15.6 x 1.91 x 23.39 cm |
by Amazon Customer
Clear, well-written and witty, this is an easily digestible history of the evolution of the Common Law. Entertaining and moving, it charts how events and individuals shaped the Common Law in response to new challenges and scientific developments, and sounds a clear warning against complacency. The vignettes are memorable and while the author is clearly an expert on the subject, his work is never inaccessible to the ordinary reader.
by RHO
Great book. Easy read. Was hoping for more info on what the future holds for our unwritten Constitution.
by Debbie Inman
Excellent book. Having ploughed through 3 law degrees I think I understand – and I know the vast majority of non-lawyers do not understand – that simply knowing the “what” of the law is insufficient for understanding or applying it. The “how” and the “why” are equally important. I often found myself wondering “how did we get here?” during my studies, especially when studying things like equity, and had to take many things on trust, which leaves one with a troubling sense of inadequate understanding of legal principles.
This book nicely addresses many of these questions. Episodes such as the development of Star Chamber, the Bill of Rights, the run up to Entick v Carrington, who John Seldon was and why Table Talk wasn’t just a lawyer’s coffee table magazine are just some of the personal delights I came across, as well as surprises about Magna Carta and why Thomas Beckett was such a troublesome priest – I never read that in my history books at school! And, being much more than a gallop through history, there are plenty of references to deeper works.
I was drawn to the book by the TV series The Strange Case of the Law by the same author, and the easy but precise narrative voice of the author comes through in his writing. The book is advantageously divided into several parts each containing several chapters. The chapters are relatively short, but reward careful reading. There is a lot to learn.
by auto-didact
What is so special and so interesting about a history of English common law (OE folcriht)? For me, it is that the legal system that a country has is a significant element in what makes one country different from another, or in the changes occurring in one country over a period.
One illustration lies in Potter’s chapter 22 on the eighteenth-century barrister Thomas Erskine, who “deployed his considerable talents selflessly in the defence of wider Enlightenment values and of liberty” (p206). When the French Revolution lurched into the Terror, Pitt wished to prevent revolutionary ideas becoming a threat to the ruling class, and in 1794 suspended Habeas Corpus. This move constituted “the gravest attack on freedom of speech and association in the whole of British history” (p213), but the government could not control the judicial process. With a fair judge, an independent jury, and the outstanding defence counsel of Erskine, the prosecution case failed in key trials. Of course, progress in Britain towards democracy was extremely slow, and the question of why Britain avoided revolutionary change is a complex one to answer; but perhaps the absence of unrestrained and vicious repression (judicial murder), even in a time of a real or imagined threat from France, played a part in the slow but steady progress.
A comparison could be made with present-day Russia, where there is no rule of law and, with the president establishing himself in power for life, no likelihood of democracy evolving peacefully. The president can ensure that troublesome individuals are prosecuted and desired verdicts given; indeed, opposition activists might prefer a rigged verdict of guilty of embezzlement to being shot in the street like a mad dog or poisoned with a substance designed to be hard to counteract.
There are numerous gems in Potter’s narrative of historical developments and key figures, with dramatic events in the seventeenth century looming large, and the life of John Lilburne (chapter 16) being especially vivid. Where I would have liked more detail is with the earliest Anglo-Saxon law codes. The topic is covered thoroughly, with much detail on compensation for injuries, but specific examples of legal stipulations are absent. I turned to Stenton to fill the gap, but in vain. Richard Muir, Portraits of the Past, shows how effective specific examples can be, in quoting from the Laws (domboc) of King Ine of Wessex, recorded around 690. We are indeed in another world when the fine for destroying a tree in a wood by fire is 60 shillings, “because fire is a thief”; while cutting down many trees in a wood calls for a fine of 30 shillings for each of three trees and no more, because “an axe is an informer not a thief” (p87).
Potter ends with a chapter entitled “The Rule of Law under threat?”, outlining a range of issues current at the time of writing. On top of these causes for concern, we now have a prime minister who is sure to want to prevent the Supreme Court from ever again passing judgment on his actions. Law does not stand still, and the play of politics cannot be ignored, but history offers more scope for enjoyable reading.
by Angela O’Brien
This is another first rate monograph by Harry Potter. It provides an illuminating and timely account of the history of our legal system.
Potter’s captivating style makes this a very readable book.
This is a must read.
by Mr Grumpy
Every politician both in the UK and elsewhere should read this excellent book
And then repeat the exercise
Maybe then, there is hope .
I shall do so !
by Black Baron
Fabulous book. A step by step history of how our rights and laws have developed over the centuries. sometimes by great vision, sometimes by chance, sometimes by political expediency, sometimes by fluke. For such a vast subject the various chapters mesh together serenely. I had previously watched Mr Potter’s TV series on the same subject entitles “the Strange Case of the Law” which wetted my apatite, but the book is a step farther up the ladder. Excellent book.
by Amazon Customer
Beautifully clear exposition of a complex subject and taught me (aged 86) a lot that I didn’t know!