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  3. The Legal Framework of English Feudalism
  • Cited by 69
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    • Publisher:
      Cambridge University Press
      Publication date:
      04 May 2010
      05 August 1976
      ISBN:
      9780511561245
      9780521082839
      DOI:
      https://doi.org/10.1017/CBO9780511561245
      Dimensions:
      Weight & Pages:
      Dimensions:
      (216 x 140 mm)
      Weight & Pages:
      0.29kg, 220 Pages
      • Subjects:
      Constitutional and Administrative Law, British History: General Interest, History
      Series:
      Cambridge Studies in English Legal History
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    Subjects:
    Constitutional and Administrative Law, British History: General Interest, History
    Series:
    Cambridge Studies in English Legal History
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    Book description

    Professor Milsom works out a fresh view of the beginnings of the common law concerning land. The received picture depends upon progressive assumptions: key words began with their later meanings; the law began with abstract ideas of property; a tenant's title to his tenement was never subject to his lord's control; the lord had no discretion, only the power to decide disputes according to external criteria; jurisdiction in that sense was all the lord lost as royal remedies developed; and all the tenant gained was better protection of unaltered rights. It is a picture of procedural changes taking place against an unchanging background, with the feudal structure at the beginning almost as insubstantial as it was to be at the end.

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