Williams, IS;
(2019)
Before the common learning, before the Inns of Court: common opinion in the fourteenth century.
In: Jones, N and Ibbetson, D and Ramsay, N, (eds.)
English legal history and its sources: essays in honour of Sir John Baker.
Cambridge University Press: Cambridge.
(In press).
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Abstract
This chapter investigates the phenomenon of the ‘common opinion’ referred to in the yearbooks c.1300-1350. It draws out connections between English law reports, the wider European intellectual tradition of the argument from authority, and the ius commune. The available sources make it very difficult to determine quite how the idea of ‘common opinion’ was used and understood. Sometimes references to the ‘common opinion’ had normative consequences, as in the ius commune, rendering the ‘common opinion’ a form of authority in the common law. More commonly, references to ‘common opinion’ appear to be pedagogical. As legal education moved from the court to the Inns of Court, references to the ‘common opinion’ disappeared, with the ‘common learning’ emerging instead.
| Type: | Book chapter |
|---|---|
| Title: | Before the common learning, before the Inns of Court: common opinion in the fourteenth century |
| ISBN-13: | 9781108483063 |
| Publisher version: | https://www.cambridge.org/core/ |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| Keywords: | common opinion, communis opinio, reception, argument from authority, common learning |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10060382 |
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