Law and the Medieval Village Community

Reinvigorating Historical Jurisprudence

Lorren Eldridge

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English

Routledge
29 November 2024

History: theory & methods; Medieval history; Jurisprudence & philosophy of law; Comparative law; Legal history

Series: Transforming Legal Histories

This book expands on established doctrine in legal history and sets out a challenge for legal philosophers. The English medieval village community offers a historical and philosophical lens on the concept of custom which challenges accepted notions of what law is. The book traces the study of the medieval village community from early historical works in the nineteenth century through to current research. It demonstrates that some law-making can and has been ‘bottom-up’ in English law, with community-led decisionmaking having a particularly important role in the early common law. The detailed consideration of law in the English village community reveals alternative ways of making and conceiving of law which are not dependent on state authority, particularly in relation to customary and communal property rights. Acknowledging this poses challenges for legal theory: the legal positivism that dominates Western legal philosophy tends to reject custom as a source of law. However, this book argues that medieval customary law ought to be considered ‘law’ if we are ever going to fully understand law – both then and now. The book will be a valuable resource for researchers and academics working in the areas of Legal History, Legal Theory, and Jurisprudence.

By: Lorren Eldridge
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 380g
ISBN: 9781032375588
ISBN 10: 1032375582
Series: Transforming Legal Histories
Pages: 238
Publication Date: 29 November 2024
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Lorren Eldridge is an Early Career Fellow in Legal History at the University of Edinburgh. She is a lawyer and legal historian whose research considers the relationship between legal history and legal theory, especially the legal philosophical approach and method known as historical jurisprudence.