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Law, Liberty and the Constitution: A Brief History of the Common Law
Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England's constitution. This accessible and entertaining history traces thegrowth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties. This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predatingthat of any other European country - from almost wholly Anglo-Saxon elements. Yet by the seventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament.
This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism.Devoid of jargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history and wrote and presented an award-winning series on the history of the common law for the BBC.
This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism.Devoid of jargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history and wrote and presented an award-winning series on the history of the common law for the BBC.
- GenresLawNonfictionHistory
364 pages, Kindle Edition
First published June 18, 2015
15 people are currently reading
113 people want to read
About the author
Harry Potter
47 books15 followersHarry Potter is a lawyer and writer. Publications include:
Hanging in Judgment: Religion and the Death Penalty from the Bloody Code to Abolition, SCM, 1993.
Hanging and Heresy, Kent University Press, 1994.
Father Diamond of Deptford, (ed) Ditchling Press, 1994.
Blood Feud: The Stewarts and Gordons at War in the Age of Mary Queen of Scots, Tempus 2002.
Edinburgh Under Siege 1571-1573, Tempus, 2003.
Professional Memberships:
Criminal Bar Association
Interests:
Classical languages and culture, Egyptology, Opera, Bridge, Numismatics, Astronomy, History, American Studies.
Positions of Responsibility:
1984 Ordained priest in the Church of England
1984-7 Fellow, Selwyn College Cambridge
1992- Vice Chair of Trustees of the 999 Club, Deptford
2002-6 Liberal Democrat Councillor in Greenwich
Governor of Christ's Hospital and Eltham Green Specialist Sports College.
Hanging in Judgment: Religion and the Death Penalty from the Bloody Code to Abolition, SCM, 1993.
Hanging and Heresy, Kent University Press, 1994.
Father Diamond of Deptford, (ed) Ditchling Press, 1994.
Blood Feud: The Stewarts and Gordons at War in the Age of Mary Queen of Scots, Tempus 2002.
Edinburgh Under Siege 1571-1573, Tempus, 2003.
Professional Memberships:
Criminal Bar Association
Interests:
Classical languages and culture, Egyptology, Opera, Bridge, Numismatics, Astronomy, History, American Studies.
Positions of Responsibility:
1984 Ordained priest in the Church of England
1984-7 Fellow, Selwyn College Cambridge
1992- Vice Chair of Trustees of the 999 Club, Deptford
2002-6 Liberal Democrat Councillor in Greenwich
Governor of Christ's Hospital and Eltham Green Specialist Sports College.
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Displaying 1 - 8 of 8 reviews
October 5, 2020
Pros:
1. Have you ever read a legal book, partook in a intro to law class, or went to even perhaps a Law school where you studied procedures, rules, regulations, and statutes? If so have you ever wondered as you read that book or attended that class where these laws or whatever originated from? If so, this is the book for you.
This book literarily and I mean literarily breaks down the history of Common law. It begins with the invasion of England by Angles and Saxons. These invaders established a number of kingdoms, most notably Kent, Wessex, East Anglia and Mercia (yep if you ever wondered where the Netflix series "The Last Kingdom" fits history wise....well yep here it is..600 AD). A King of Kent a little before 600 AD, after being converted to Christianity by Augustine, inspired him to create written codes of laws. In fact, it's suggested Augustine played a part in the manifestation of these laws...which wouldn't be a surprise because early "followers of the church" gained certain privilege's because of the way the law was set up.
But long story short the book proceeds to give you the story behind the common law. The Normans invade Europe and thus put their own imprint on the Law. Henry 2 comes in and molds the law in such a way to where the King is the system (kind of like how LeBron is the system for any team he plays on...it goes through him). Eventually, a King who well....lets just say isn't an ideal player to base a system around comes along and does a terrible job so the magna carter is introduced. I can go on and on but the book literarily covers all the bases. The story behind everything within the common law from Habeas corpus to trial by jury is in here.
1A. As previously mentioned, this book tells a story but I should also add that this story is full of interesting characters and amazing leaders. The author does a good job of depicting each persons attributes, weaknesses, historical significance, and character.
3. The amount of research needed to make a book like this....I mean I learned so much from reading this, and the author even managed to uncover quotes/documents/letters that many aren't aware exist/are available for us to dive into. I guess it helps to have BBC backing you up.
Cons:
1. Certain sections of this book seemed...well extra... like they were about the story behind figures/cases that were interesting yet barely relatable to the overarching storyline of the book.
1. Have you ever read a legal book, partook in a intro to law class, or went to even perhaps a Law school where you studied procedures, rules, regulations, and statutes? If so have you ever wondered as you read that book or attended that class where these laws or whatever originated from? If so, this is the book for you.
This book literarily and I mean literarily breaks down the history of Common law. It begins with the invasion of England by Angles and Saxons. These invaders established a number of kingdoms, most notably Kent, Wessex, East Anglia and Mercia (yep if you ever wondered where the Netflix series "The Last Kingdom" fits history wise....well yep here it is..600 AD). A King of Kent a little before 600 AD, after being converted to Christianity by Augustine, inspired him to create written codes of laws. In fact, it's suggested Augustine played a part in the manifestation of these laws...which wouldn't be a surprise because early "followers of the church" gained certain privilege's because of the way the law was set up.
But long story short the book proceeds to give you the story behind the common law. The Normans invade Europe and thus put their own imprint on the Law. Henry 2 comes in and molds the law in such a way to where the King is the system (kind of like how LeBron is the system for any team he plays on...it goes through him). Eventually, a King who well....lets just say isn't an ideal player to base a system around comes along and does a terrible job so the magna carter is introduced. I can go on and on but the book literarily covers all the bases. The story behind everything within the common law from Habeas corpus to trial by jury is in here.
1A. As previously mentioned, this book tells a story but I should also add that this story is full of interesting characters and amazing leaders. The author does a good job of depicting each persons attributes, weaknesses, historical significance, and character.
3. The amount of research needed to make a book like this....I mean I learned so much from reading this, and the author even managed to uncover quotes/documents/letters that many aren't aware exist/are available for us to dive into. I guess it helps to have BBC backing you up.
Cons:
1. Certain sections of this book seemed...well extra... like they were about the story behind figures/cases that were interesting yet barely relatable to the overarching storyline of the book.
June 1, 2020
This is written in an entertaining and engaging style covering historical, cultural, and legal matters of great importance all the way from Alfred the Great to the modern day – and even a bit beyond. I found the chapters exploring the culture and law of ancient England as well as the parts discussing the constitution particularly interesting. The later chapters are easily digestible nuggets, each covering a particular development in law between 1800 and 2015.
April 1, 2021
Incredible. This book is one of the best relating to law. Despite its brief nature, Harry Potter (not Rowling's wizard but the English Bar's barrister) managed to incoporate the seminal moments of Anglo-Saxon history and its contribution to liberties and the rule of law in the modern Anglo-American and Commonwealth worlds, without being long winded or tedious.
He delves into the earliest period of the Anglo-Saxons in the 6th century AD continuing until the 21st, showcasing how the common law is a sort of a social psyche. A psyche characterised by its abhorrence of unfairness. Evolving into many things such as liberties, impartiality, and the rule of law amongst others. The point is, however little lay people know about their system of law, those in common law jurisdictions should at least be aware that this system is steaped in deep, ancient, and awesome history. Yes, anywhere in the world which inherited the English system of the common law also inherited its characteristics - barring the corruption which these countries may suffer from. For example, although English in origin, the Americans still triumph in the Magna Carta, the great charter limiting the powers of King John - the only thing which the Americans seems to be okay to admit was not theirs; English in origin yet readily accepted as American in character.
In Hong Kong - even though the Chinese Authorities are increasingly spreading their influence openly - the common law is still robust in defending the people's rights. The only problem is statute always trump the common law; it is its Achilles' heel. Nonetheless, the problem is not in the common law, but in the legislatures and governments choosing to override it.
On the other hand, the common law has come so far, and will go farther. It has proven its worth when one considers that although it is a minority in the global stage of legal systems, it deals with the majority of international commercial cases (including New York, a common law jurisdicion). There is no good reason to predict its demise any time soon, unless of course some sort of catastrosphe happens - something totally unpredictable. Legal systems do evolve or die after all.
For those looking to understand their legal system's history, wherever you may be in the Commonwealth or in the US (barring Louisiana), this is a book for you. In addition, albeit Anglo-centric, its themes and lessons resonate in any nation striving towards the rule of law, constitutionalism and legal prosperity. It is not unreasonable to learn from one society and apply it in another, since most of these themes are not unique to its origin (despite what others might say). Instead they are universal in the sense that they came about to protect the dignity and security of the person against arbitrary power. It just so happens that it arose in a somewhat isolated island off the coast of Europe.
He delves into the earliest period of the Anglo-Saxons in the 6th century AD continuing until the 21st, showcasing how the common law is a sort of a social psyche. A psyche characterised by its abhorrence of unfairness. Evolving into many things such as liberties, impartiality, and the rule of law amongst others. The point is, however little lay people know about their system of law, those in common law jurisdictions should at least be aware that this system is steaped in deep, ancient, and awesome history. Yes, anywhere in the world which inherited the English system of the common law also inherited its characteristics - barring the corruption which these countries may suffer from. For example, although English in origin, the Americans still triumph in the Magna Carta, the great charter limiting the powers of King John - the only thing which the Americans seems to be okay to admit was not theirs; English in origin yet readily accepted as American in character.
In Hong Kong - even though the Chinese Authorities are increasingly spreading their influence openly - the common law is still robust in defending the people's rights. The only problem is statute always trump the common law; it is its Achilles' heel. Nonetheless, the problem is not in the common law, but in the legislatures and governments choosing to override it.
On the other hand, the common law has come so far, and will go farther. It has proven its worth when one considers that although it is a minority in the global stage of legal systems, it deals with the majority of international commercial cases (including New York, a common law jurisdicion). There is no good reason to predict its demise any time soon, unless of course some sort of catastrosphe happens - something totally unpredictable. Legal systems do evolve or die after all.
For those looking to understand their legal system's history, wherever you may be in the Commonwealth or in the US (barring Louisiana), this is a book for you. In addition, albeit Anglo-centric, its themes and lessons resonate in any nation striving towards the rule of law, constitutionalism and legal prosperity. It is not unreasonable to learn from one society and apply it in another, since most of these themes are not unique to its origin (despite what others might say). Instead they are universal in the sense that they came about to protect the dignity and security of the person against arbitrary power. It just so happens that it arose in a somewhat isolated island off the coast of Europe.
October 22, 2021
A magical tome of English legal history illuminated by influential moments in Anglo-Saxon rule of law.
August 27, 2024
A riveting rendition of the history of the English Common Law. This book invoked both; pride in our venerable legal past, and provided a comprehensive insight into the evolution and continuum which constitutes a common law system. Would definitely recommend to prospective law students.
August 17, 2021
A very interesting and entertaining read
April 1, 2023
If, like me, you know nothing about the history of the common law, read this engaging book. it enapsulates the whole story in a most enjoyable manner. It is an important subject, too important to be left to academic auidiences. It is something about which we should all know and be proud.
It came about after the author prasented the BBC series The Strange Case of the Law, and is a much-amplified version of this award-winning trilogy. I hear it has now been publioshed in a Chinese version by Peking University Press.
It came about after the author prasented the BBC series The Strange Case of the Law, and is a much-amplified version of this award-winning trilogy. I hear it has now been publioshed in a Chinese version by Peking University Press.
Displaying 1 - 8 of 8 reviews