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5 - The Father of the Common Law (c.1154–1215)

Published online by Cambridge University Press:  04 May 2023

Russell Sandberg
Affiliation:
Cardiff University
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Summary

It was during the reign of Henry II (1154–89) that royal justice was available to anyone could bring their case within a certain formula, known as a writ. This is discussed in Chapter 5, ‘The Father of the Common Law (c.1154–1215)’, the title of which refers to the title often bestowed upon Henry II, the first monarch from the House of Plantagenet. The chapter focuses on the development of the writ system during and in the aftermath of Henry’s reign in relation to what we now call land law and whether this marked a move to centralisation that replaced the feudal system. The chapter begins by examining the Becket controversy but will then move on to argue that it is for other developments that Henry Plantagenet’s reign should be remembered. The second part of this chapter explored the developments to the legal system that occurred during this reign and that allowed for a common law to develop and be regularised. The final section will explore in detail the origins of the writ system, following Maitland’s legendary account of The Forms of Action as well as the revisions and criticisms put forward by Milsom.

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Chapter
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A Historical Introduction to English Law
Genesis of the Common Law
, pp. 84 - 111
Publisher: Cambridge University Press
Print publication year: 2023

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