A Brief History Of Law Books & Law Libraries
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This document provides a brief history of law books and law libraries and their impact on Western civilization. It discusses some of the earliest legal texts from ancient Mesopotamia including the Code of Ur-Nammu and the Code of Hammurabi. It then covers the development of law libraries and legal education at various universities in Europe and the spread of Roman and common law traditions. The document concludes by noting the transition to electronic legal research through services like LexisNexis and Westlaw and the increasing role of the internet and web resources.
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LEGAL
T R A D I T I O N S O F
T H E W O R L D
S U S T A I N A B L E D I V E R S I T Y
I N LAW
Second Edition
H. Patrick Glenn
OXFORD
U N I V E R S I T Y P R E S S
OXFORD
U N I V E R S I T Y P R E S S
Great Clarendon Street, Oxford 0x2 6DP
Oxford University Press is a department of the University of Oxford.
It furthers the University's objective of excellence in research, scholarship,
and education by publishing worldwide in
Oxford New York
Auckland Bangkok Buenos Aires Cape Town Chennai
Dar es Salaam Delhi Hong Kong Istanbul Karachi Kolkata
Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi
Sao Paulo Shanghai Taipei Tokyo Toronto
Oxford is a registered trade mark of Oxford University Press
in the UK and in certain other countries
Published in the United States
by Oxford University Press Inc., New York
© H. Patrick Gltnn 2004
J The moral rights of the author have been asserted
Database right Oxford University Press (maker)
First published 2000, second edition 2004
All rights reserved. No part of this publication may be reproduced,
stored in a retrieval system, or transmitted, in any form or by any means,
without the prior permission in writing of Oxford University Press,
or as expressly permitted by law, or under terms agreed with the appropriate
reprographics rights organizations. Enquiries concerning reproduction
outside the scope of the above should be sent to the Rights Department,
Oxford University Press, at the address above
You must not circulate this book in any other binding or cover
and you must impose this same condition on any acquirer
British Library Cataloguing in Publication Data
Data available
Library of Congress Cataloging in Publication Data
Data available
ISBN 0-19-926088-5
1 3 5 7 9 1 0 8 6 4 2
Typeset by RefineCatch Limited, Bungay, Suffolk
Printed in Great Britain by
Ashford Colour Press Ltd, Gosport, Hampshire
Contents
Table of Contents
List of Abbreviations of Periodicals and Law Reports
List of Biblical Abbreviations
Preface to the Second Edition
Preface to the First Edition
1 A Theory of Tradition? The Changing Presence of the Past
2 Between Traditions: Identity, Persuasion and Survival
3 A Chthonic Legal Tradition: to Recycle the World
4 A Talmudic Legal Tradition: the Perfect Author
5 A Civil Law Tradition: the Centrality of the Person
6 An Islamic Legal Tradition: the Law of a Later Revelation
7 A Common Law Tradition: the Ethic of Adjudication
8 A Hindu Legal Tradition: the Law as King, but which Law?
9 An Asian Legal Tradition: Make it New (with Marx?)
10 Reconciling Legal Traditions: Sustainable Diversity in Law
Index
5
A C I V I L LAW T R A D I T I O N :
T H E C E N T R A L I T Y O F
T H E P E R S O N
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character of the cosmos, th ...
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bishop, and the reeve of the shire (who later would be referred to as the sheriff). Social
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manor. One of the responsibilities of a lord was to administer justice; this was carried out
in the manor court. Lords of the manor were a powerful political force for the king to
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and served as a court to settle disputes among powerful lords of the kingdom. It was from
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taxpayer. The Court of Common Pleas had original jurisdiction in both civil and criminal
cases between subjects of the king. The Court of King’s Bench had original jurisdiction in
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LEGAL
T R A D I T I O N S O F
T H E W O R L D
S U S T A I N A B L E D I V E R S I T Y
I N LAW
Second Edition
H. Patrick Glenn
OXFORD
U N I V E R S I T Y P R E S S
OXFORD
U N I V E R S I T Y P R E S S
Great Clarendon Street, Oxford 0x2 6DP
Oxford University Press is a department of the University of Oxford.
It furthers the University's objective of excellence in research, scholarship,
and education by publishing worldwide in
Oxford New York
Auckland Bangkok Buenos Aires Cape Town Chennai
Dar es Salaam Delhi Hong Kong Istanbul Karachi Kolkata
Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi
Sao Paulo Shanghai Taipei Tokyo Toronto
Oxford is a registered trade mark of Oxford University Press
in the UK and in certain other countries
Published in the United States
by Oxford University Press Inc., New York
© H. Patrick Gltnn 2004
J The moral rights of the author have been asserted
Database right Oxford University Press (maker)
First published 2000, second edition 2004
All rights reserved. No part of this publication may be reproduced,
stored in a retrieval system, or transmitted, in any form or by any means,
without the prior permission in writing of Oxford University Press,
or as expressly permitted by law, or under terms agreed with the appropriate
reprographics rights organizations. Enquiries concerning reproduction
outside the scope of the above should be sent to the Rights Department,
Oxford University Press, at the address above
You must not circulate this book in any other binding or cover
and you must impose this same condition on any acquirer
British Library Cataloguing in Publication Data
Data available
Library of Congress Cataloging in Publication Data
Data available
ISBN 0-19-926088-5
1 3 5 7 9 1 0 8 6 4 2
Typeset by RefineCatch Limited, Bungay, Suffolk
Printed in Great Britain by
Ashford Colour Press Ltd, Gosport, Hampshire
Contents
Table of Contents
List of Abbreviations of Periodicals and Law Reports
List of Biblical Abbreviations
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Preface to the First Edition
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2 Between Traditions: Identity, Persuasion and Survival
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6 An Islamic Legal Tradition: the Law of a Later Revelation
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10 Reconciling Legal Traditions: Sustainable Diversity in Law
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these ends, he synthesized both old and new ideas with regard to centralizing the
administration of justice.
Prior to Henry’s reign, the administration of justice was essentially carried out at the
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jurisdiction, the shire or county courts were the most significant before the Norman
invasion of 1066. The principal officers of the shire courts were wealthy landowners, the
bishop, and the reeve of the shire (who later would be referred to as the sheriff). Social
rank, rather than knowledge of law, was the criterion used to determine who judged
cases.
Feudalism was firmly established after the Norman invasion. As noted earlier, feudalism
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manor. One of the responsibilities of a lord was to administer justice; this was carried out
in the manor court. Lords of the manor were a powerful political force for the king to
consider. It was from this group that Henry II enhanced his political power by wrestling
from them the authority to administer justice. He accomplished this by utilizing several
different strategies.
First, some people had become dissatisfied with the administration of justice at the
manorial level. They wanted the king, who in theory was the source of justice, to decide
their cases. Kings of England had for years relied upon their Curia Regis, or Great Council,
for advice. The Curia Regis counseled the king on domestic, foreign, and military affairs,
and served as a court to settle disputes among powerful lords of the kingdom. It was from
the Curia Regis that Henry created and permanently established three courts at the city of
Westminster. The Court of Exchequer decided questions between the Crown and the
taxpayer. The Court of Common Pleas had original jurisdiction in both civil and criminal
cases between subjects of the king. The Court of King’s Bench had original jurisdiction in
cases between the lords of the realm, as well as appellate jurisdiction for certain cases from
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A Brief History Of Law Books & Law Libraries
- 1. A Brief History of Law Books &Law Libraries Impacting Western Civilization
- 2. The Earliest Legal Texts
- 5. "The orphan did not fall a prey to the wealthy; the widow did not fall a prey to the powerful; the man of one shekel did not fall a prey to the man of one mina.” * (A mina was equal to sixty shekels.) * Kramer, Samuel Noah, History Begins at Sumer (Philadelphia: University of Pennsylvania Press. 1981), 54.
- 6. Hammurabi’s Code 1780 B.C.E.
- 9. The Ten Commandments 1300 B.C.E.
- 18. Justinian’s Code 529 C.E.
- 25. Blackstone's Commentaries on the Laws of England 1765 C.E.
- 33. West Publishing Company founded 1872
- 35. Electronic Media