English Legal History and its Materials

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A Land Not of a Single Peace but of Many

A. Harding wrote, “England was not a land of a single peace but of many,” (Harding 15) alluding to the diverse origins of English history that would develop into its “Englishry” through an adaptable but enduring set of legal principles. The law developed out of the reconciliation of three elements: First, changes in the culture caused by conquering; second, that the law developed out of a written language, distinct from the spoken languages of the common people; and third, the tradition of legal continuity that ensured the longevity of the legal system despite frequent external changes. (Baker 2) While the takeovers suggest that Maitland is correct as to the diverse origins of English history, it is the use of the language and the endurance of the legal system through these takeovers that allowed the Englishry of the law to coalesce.


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