Historical Development of the Common Law, The (LAWS0329)

This module examines why and how law changes in relation to the common law tradition. The core is the history of parts of private law, but there is scope to cover a wider range of topics.

The underlying theme of the module is legal change: why and how law changes. This theme is explored by investigation of selected topics in the history of the common law, many of which are the subject of debate amongst legal historians. By the end of the module, students will be able to consider possible causes of legal change and different ways in which legal change is effected. These will be based on a good understanding of selected topics in English legal history, and will show engagement with debates in the field. No prior knowledge of English law or history is assumed for the module.

Module Syllabus

The module covers topics in this history of the common law from around 1150 to around 1900, but most topics will not cover the entire chronological span. Proportionately more of the module will be spent on the early-modern period. The module will cover:

• Topics in private law, principally contract and trusts;
• Personal liberty (habeas corpus and slavery); and
• Coverage of relevant institutions for understanding the substantive material.

The subject matter of the final sessions in the course is determined by student preferences in discussion with the module convenor.

Recommended Materials

• J.H. Baker, An Introduction to English Legal History (5th edition, Oxford, 2019)

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment.

Preliminary Reading

• J.H. Baker, An Introduction to English Legal History (5th edition, Oxford, 2019) will be the primary reference text.

Key information