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John Hudson, "F.W. Maitland, Common Law and Civil Law" 

University of Chicago Law School
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This lecture examines a thread that runs through Maitland’s writings on legal history: his preference for the English Common Law tradition over the continental Romano-canonical Civil Law system. It explores his dislike of the political effects of the Civil Law, and contrasts it with his admiration for the intellectual achievements of ancient Roman Law. His views are set in the context of earlier English legal writers going back to Fortescue, with particular attention being paid to Blackstone. It also compares his views with those of the great constitutional historian Stubbs and other near contemporary authors.
This Fulton Lecture was presented on March 29, 2018, by John Hudson, Professor of Legal History at the University of St Andrews.

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24 апр 2018

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Комментарии : 28   
@normaaliihminen722
@normaaliihminen722 3 года назад
I’m from Civil law and I love this “debate” behind civil and common law for lack of better word.
@sbnwnc
@sbnwnc 3 года назад
I am a common law lawyer in the United States. Where are you from?
@normaaliihminen722
@normaaliihminen722 3 года назад
@@sbnwnc Finland however I’m not lawyer but still in law school because I’m aiming for open university course route. Meaning once I either surpass entry exams or complete enough courses with good marks I can apply for degree -side which leads to actual lawyer degree. To put it simply we have mainly 2 ways to get into university (or 3 if you are borderline high IQ/gifted student this route is possible when you get highest remarks on matriculation exams) so most student has only these 2 options.
@sbnwnc
@sbnwnc 3 года назад
@@normaaliihminen722 That is very interesting. It is not difficult to become a lawyer in the United States and it is, I believe, even easier in Canada. What sort of law would you want to do? I work in landlord/tenant law, and I only represent tenants.
@normaaliihminen722
@normaaliihminen722 3 года назад
@@sbnwnc I’m interesting in family affairs like testaments and inheritance because those easily want to turn into mess like fighting/arguing but also leans to either tax law or constitutional law. Constitutional law particularly because it is in my limited understanding that parliament system needs to be either changed or removed. I lean more to checks and balances side because it strictly follows separation of powers unlike parliament which pushes that separation into shadows there is also this fact that lawyer also has to have good argumentative skills so there is that but that is just bonus of all that.
@sbnwnc
@sbnwnc 3 года назад
@@normaaliihminen722 Sounds good. Best of luck! Let me know how it goes 🙂
@ryanfrost7348
@ryanfrost7348 10 часов назад
Maitland would not have agreed with you slating Common Law and Civil Law together, as in his words he details three distinct bodies of law being common law, statute law, and criminal law. It was thought by benchers at one time in the 17th century that criminal actions arose out of a breach of common law or case law, the land's natural consuetudo, but that was later revised by Maitland to be its own distinct body in the 19th century. Furthermore, the reason why it's incorrect to slate Common Law and Civil Law together is that common law infractions had a very definite action of criminal procedure beginning with Writ of Tresspass vi et Armis and ending up with Trover or Tresspass on the Special Case, which were two distinct branches of actions that separated in the 15th century, to serve different purposes. Say in the case of trespass someone left a wooden log lying in the road for you to trip over ; that differs from trover where assets were attained under a legal premise and then converted in a manner that caused damage to the owner.
@DingoAteMeBaby
@DingoAteMeBaby Год назад
WHY NO SLIDES
@leavemyrightsalone
@leavemyrightsalone 11 месяцев назад
If you want to undestand the legal system then read the chicago manual of styles 17th edition page 666.
@xxxluvi
@xxxluvi 3 года назад
Thank you
@samaajakitamembayarpajakke2074
@samaajakitamembayarpajakke2074 3 года назад
👍👍👍
@leoesharkey1
@leoesharkey1 3 года назад
Good Stuff!
@CommonLawAssent
@CommonLawAssent 3 года назад
Check out our common law assent facebook.com/groups/therealpracticallawfuldissent
@bw-mi9xp
@bw-mi9xp 3 года назад
sounds like a lot of filler and gobbly gook. seems to be dancing around instead of just diving right in. what is the difference between 'lawful' and 'legal' ? a courtroom for criminals and a courtroom for maritime law? does legalese violate basic human 'rights' ? do humans have basic 'rights' ?
@roachitane
@roachitane Год назад
lawful refers to law of the land, or whatever you call it in the country you're from, legal refers to statutes, legislative law passed by parliament. we are all born with human rights that get violated by the state, as our parents are threatened with a fine if they don't register our legal fiction, from then on we are taught that we are the legal fiction, that is not the case. because all parties apart from the state in the trust agreement are unknowing and threatened, it is fraudulent and unlawful. legalese is fraudulent because they will only imply that they are using legalese when you confront them. "do u understand?", "no", "what do you not understand? i made myself very clear", "no i do not stand under your authority" so they will try and trick us until they know that you speak the language, hope this helped a bit, i can tell you've probably been doing you're own research anyway, hope you're getting on well with it.
@bw-mi9xp
@bw-mi9xp Год назад
@@roachitane right, it goes along with the maritime law correct? that is why courtrooms have you step through what looks to be a railing of a ship. with all of these 'audit the authority' type videos, when someone is asked by authority to provide ID... why not respond with, ''here are my fingertips or my irises, scan them.'' were we not given identification by our Creator already, so that we do not need to pay a fee to carry around a piece of plastic?
@roachitane
@roachitane Год назад
@@bw-mi9xp exactly, so the objective for the court is not for you to identify yourself, but for you to identify yourself as the legal fiction that shares a similar name to you, eg, Mr b w. thus you would present yourself as b w, the living man, for the courts that are forcing statutes, maritime law, cannot deal with men and women. the court is a corporation that makes contracts with other corporations. if a case were against you that broke the REAL law, none of this would matter, because they are here to provide justice, maritime law is a money making slave machine that revolves around contracts. after declaring yourself as bw the living man you should say you're not here as the defend, but as a guest to defend the rights of your legal fiction. a corporation is a dead fiction, it cannot give nor deny consent, that's why you say you own the legal fiction and you do not consent. you're not one in the same, but they'll have you believe otherwise. you are born with human rights that the state cannot strip from you unless you play under their system. remember if you were to leave there system as a whole by sending documents to heads of state corporations eg courts, dvla, nhs etc, you would no longer be a beneficiary of the state under the trust contract, pension, benefits and nhs fall under this sort of thing. trade off would be that you can hold youre own against statutes of parliament. there is no law that says your obliged to pay council tax, the government get all the tax they need from VAT and unwilling victims of statutes, but they are greedy, thus we are under unlawful modern slavery. sorry for such a long response.
@UnknownVessels
@UnknownVessels Год назад
smoke and mirrors gentleman. if you dont understand the nature of the underlying transaction and your role to play in their little ponzi scheme it matters not what you argue in their house you will lose
@leavemyrightsalone
@leavemyrightsalone 11 месяцев назад
@@roachitane Try trust law. This is where it if you want to understand the injustice system. The slave was given legal rights which most judges trample on because of how they have been trained. The solictor/barristers work for the bar first, NOT the client.
@JCResDoc94
@JCResDoc94 6 лет назад
1st
@leavemyrightsalone
@leavemyrightsalone 11 месяцев назад
And the medal goes to JCResDoc94
@leavemyrightsalone
@leavemyrightsalone 11 месяцев назад
Justinian perfected the legal system on PERSON! PERSON goes right back to THOTH in the bible. Why we have in the bible; james chapter 2 2:9 But if all of you have respect to persons, all of you commit sin, and are convinced of the law as transgressors. < if you don't understand this get out of law.
@vp4744
@vp4744 5 месяцев назад
It's not your rights that is to be left alone. Rights are what others agree you deserve. You cite something from a book that you pulled out of one of your orifices, then I have my own too.
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