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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

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Any Sweet & Maxwell or Lexis eBook orders placed after 4pm on the Friday 25th May will not be processed until Tuesday May 29th. UK orders for other publishers will be processed as normal. All non-UK eBook orders will be processed on Tuesday May 29th.

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Historical Foundations of the Common Law

ISBN13: 9780406625007
ISBN: 040662500X
Published: May 1969
Publisher: Butterworth & Co
Country of Publication: UK
Format: Hardback
Price: £40.00
(Second Hand)
Paperback edition out of print, ISBN13 9780406625014

In stock second-hand.

Out of Print

The aim of this book is to give a single picture of the development of the common law, to draw the main outlines of the subject. But which are the main outlines depends upon the viewpoint of the observer.

Legal history means different things to different people. To historians it is usually a branch either of administrative or of social history; and legal thinking is not considered for its own sake. Lawyers are interested in legal thinking. But to them the subject usually appears as law read backwards, the inevitable unfolding of things as they came to be; and the thinking is seen as a fumbling for the result eventually reached.

In this gulf between the disciplines there is lost the interest of a story and perhaps the measure of an achievement. Societies largely invent their constitutions, their political and administrative systems, even in these days their economies; but their private law is nearly always taken from others. Twice only have the customs of European peoples been worked up into intellectual systems.

The Roman system has served two separate civilisations. The common law, governing daily relationships in very various modem societies, has developed without a break from its beginnings in a society utterly different from any of them. What was it that made its practitioners think on so unusual a scale? What made the product of their thinking so versatile and so durable? It is from the stand-point of such questions that this book will seek to trace its history.