The Sources of English Law

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The Sources of English Law (as it is sometimes known) is an essay written by Heinrich Brunner and translated by others.

Heinrich Brunner German historian

Heinrich Brunner was a German historian born at Wels in Upper Austria. After studying at the universities of Vienna, Göttingen and Berlin, he became professor at the University of Lemberg in 1866, and in quick succession held similar positions at Prague, Strasbourg and Berlin.

Contents

In 1909, it was described as a "valuable survey of the sources and literature of English law". [1] In 1914, Winfield called it a "valuable" guide "to the materials of English law". [2]

Editions, reprints and translations

This essay was published under the title Ueberblick über die Geschichte der französischen, normannischen, und englischen Rechtsquellen in 1877 in the third edition of Encyclopädie der Rechtwissenschaft , by Franz von Holtzendorf, at pages 229 to 267, as Part II, section 4. It was reprinted in 1882, in the fourth edition of that work, at pages 277 to 317; and in 1890, in the fifth edition, at pages 303 to 347. It was omitted from the sixth edition published in 1904.

It was translated into English by W Hastie and published under the title The Sources of the Law of England at Edinburgh in 1888. This publication does not disclose the edition from which it is translated.

A translation by Ernst Freund was published under the title The Sources of English Law in volume 2 of Select Essays in Anglo-American Legal History , at pages 7 to 52. The notes to this volume say that the version contained therein is "revised, enlarged and recast" by Brunning, who has omitted so much of the essay as relates to Norman and French sources. [3] This version was published, "with some further revision", in its German dress, under the title Geschichte der Englischen Rechtsquellen im Grundiss in Leipzig in 1909 by Duncker and Humblot. This version has been described as follows:

Ernst Freund was a noted American legal scholar. He received a Dr. Jur. from the University of Heidelberg (1884); a Ph.D. in political science from Columbia University (1897) He was professor of political science at the University of Chicago (1894–1902) and professor of law at Chicago (1903–32). He was John P. Wilson Professor of Law (1929–1932). Freund was principally responsible for the development of administrative law in the United States during the early twentieth century. He was one of the organizers of the Immigrants' Protective League (1908). The University of Chicago Law School has established the Ernst Freund Distinguished Service Professorship of Law and Ethics in his honor, a seat currently held by philosopher Martha Nussbaum.

Select Essays in Anglo-American Legal History is a collection of 76 essays about the history of Anglo-American law. It was published, under the direction of a committee of the Association of American Law Schools, by Little, Brown and Company, in Boston, in three octavo volumes, from 1907 to 1909.

It is indispensable to any student of English history who wishes to make himself rapidly acquainted with the latest expert estimate of the varied materials with which the legal historian has to deal. We find here, for instance, the best succinct account of Dr. Liebermann's work on Anglo-Saxon law, with references to his numerous articles in legal and other periodicals. Another of Dr. Brunner's encyclopaedia articles, that on the 'Sources of Norman Law,' is usefully added as an appendix. The learned author does not leave much scope to the critic, but he takes, we think, rather too seriously Hoveden's loose description of Duke Henry as 'justiciar of England' in the last days of Stephen's reign. [1]

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References

Internet Archive US non-profit organization founded in 1996 in San Francisco by Brewster Kahle

The Internet Archive is a San Francisco–based nonprofit digital library with the stated mission of "universal access to all knowledge." It provides free public access to collections of digitized materials, including websites, software applications/games, music, movies/videos, moving images, and nearly three million public-domain books. As of October 2016, its collection topped 15 petabytes. In addition to its archiving function, the Archive is an activist organization, advocating for a free and open Internet.

  1. 1 2 J T. "Short Notices". The English Historical Review. Volume 24. October 1909. Page 823. Internet Archive
  2. ↑ Winfield, P H. "Some Bibliographical Difficulties of English Law" (1914) 30 LQR 190
  3. ↑ Select Essays in Anglo-American Legal History. Little, Brown and Company. Boston. 1908. Volume 2. Page 7. Footnote 1. Internet Archive.
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