Foreword - In Praise of the English Year Books: The Modern Relevance of Mediaeval Documents
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Description
It is a regrettable fact that the study of early English legal history is now in a general state of decline in American law schools. The modem legal universe is populated with large statutory schemes whose administration is entrusted to a complex network of agencies—one never seems to be enough these days—that deal with a bewildering array of substantive and procedural issues in pursuit of a wide range of substantive ends. In the midst of the massive expansion of the administrative state, too many people hastily conclude that early English legal history is rightly relegated to the back burner-a field to be studied by the resolute and curious few, but not one that should be regarded as an essential component of the toolkit of the modem American lawyer. Taking this view is a serious mistake. It is always worth inquiring into the sources of the political stability and the long-term social and economic success of countries that developed within the common law tradition. Any answer to that question will surely point to a multitude of factors. But one such factor that looms large is the dedication and intelligence of the English judges who disposed of various cases long before the emergence of the modem state. These judges, and the corps of lawyers who appeared before them, performed an extraordinary public service in setting the law on a path from which it has not deviated. Understanding the origins of our legal tradition gives us ample reason to respect the rules and practices it generates. But for most people, it is hard to break into this early body of law. Modern lawyers and laJpeople are often daunted by the inaccessibility of the early sources, often written in either Latin ot law French in ways that add to their air of weary strangeness. If is for just this reason that this masterful compilation and commentary by Professor Thomas Lund offers such a great contribution to the study of the history and evolution of our legal culture. The progenitor in chief of this volume, William Hereford, may not be a household name today, but his not inconsiderable intellect and pointed wit made him a great judge. Bereford served from 1290 until his death in 1326. He was appointed to the bench by Edward I, and elevated to Chief Justice by Edward's son Edward II. His influence on legal developments was enormous. The great challenge some 700 years after he served is how best to work ourselves back :into his life and times. I do not think that there is any easy entree into this world. In my view, the best way to understand this period is to stress the close connection between the early and modem texts.
Source Publication
Thomas Lund, The Creation of the Common Law: The Medieval Year Books Deciphered
Publication Date
2015
Recommended Citation
Epstein, Richard A., "Foreword - In Praise of the English Year Books: The Modern Relevance of Mediaeval Documents" (2015). Faculty Chapters. 2084.
https://gretchen.law.nyu.edu/fac-chapt/2084
