Law, Liberty and the Constitution: A Brief History of the Common Law

I’m a 65 year old resident of Hong Kong, a city where English common law still applies and a place that is going through an unprecedented constitutional crisis: how to make English common law work within in a national legal system that is anything but. Although the book doesn’t provide “the answer” as such, the author’s excellent account of the history of the English common law sheds Invaluable light on a possible path going forward.

For someone interested in the topic of English legal history, this is an excellent single volume work. The author is thorough and a gifted writer and the span of the evolution of the courts and law is well-presented.

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 Augistine, inspired him to create written codes of laws. In fact, it's suggested Augustine played a part in the manifestation aof these laws...which wouldn't be a suprise 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.

FROM ANGLO SAXON TIMES TO TODAY: THE TURBULENT AND TUMULTUOUS HISTORY OF THE ENGLISH COMMON LAWAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersIf anyone from parts of the world that Shakespeare would have called ‘less happier lands’ ever asks you about our common law, you can tell them it’s a long story – some fifteen-hundred years long to be reasonably precise and it is told with verve and vigour -- and rigorous scholarship -- in this really quite enthralling book.Published by the Boydell Press, this book reveals page after page that the story of the common law contains many stories within it, too numerous to count. But taken as a whole, they hold up a mirror to the constitutional history of England and the continuing struggle over the centuries to establish a workable system of justice and the rule of law often against fierce and implacable opposition.The author, Harry Potter an academic barrister and former fellow of Selwyn College, Cambridge, has pointed out that the development of the common law owed much to the English kings and their judiciary who, in the twelfth century created ‘a unified system of law, predating that of any other European country’ based to a significant extent on Anglo Saxon tradition.If it were at all possible to summarise the narrative thread of this book, you could safely say that it traces the development of the common law from A.D. 600 to AD 2014, basically from the Anglo Saxon bodies of law called ‘dooms’ to the developments of the present day.It is interesting that the earliest extant code comes from the reign of King Aethelbert of Kent, the first Christian Anglo Saxon monarch, at about 602 AD. ‘It is no coincidence,’ says the author, ‘that Aethelbert set down his code shortly after Augustine, arrived in Canterbury and converted him to Christianity.’Travelling from Rome, Augustine introduced Aethelbert not only to the tradition of Roman law, but the Mosaic laws in the Bible, which also contains ‘the forensic wisdom of Solomon… the advocacy of Jesus… and the Last Judgment.’With its roots in ancient wisdom, the common law, has kept on renewing itself, century after century and, it is hoped, will continue to do so, maintaining England’s (actually Britain’s) traditions as a law abiding country.‘In the space of a thousand years,’ comments the author, ‘English law had evolved from a rough code to settle disputes, constrain feuds and keep the peace into an institution used to bring a king to justice… or so many thought or asserted.’The most spectacular examples of bringing a tyrannical king to justice include, in this anniversary year of Magna Carta, the only temporary submission of King John by the barons at Runnymede (of which much has been written this year, 2015) and the execution of Charles I – a cataclysmic event which still excites controversy.If you happen to be a barrister at Gray’s Inn, you might be interested to know that the prosecutor at the trial of Charles I was a barrister at Gray’s Inn. His name was John Cook and although not the first choice for the task, proved equal to it nevertheless.In an astonishing encounter between prosecutor and accused, the king apparently struck John Cook twice with his cane, an assault which the enigmatic prosecutor staunchly ignored -- and undeterred, carried on prosecuting, you might say.Upon hitting John Cook a third time, the silver tip of the Charles’s cane was seen to fall off, with the king placed in the humiliating position of having to bend down and pick it off the floor himself -- an omen of impending doom if there ever was one -- and duly noted with varying degrees of amazement and horror by the spectators there assembled.The book fairly bristles with anecdote after startling anecdote such as this. With the focus generally on specific cases and judicial decisions, the narrative reveals any number of illuminating insights into the often shadowy corners of the history of the common law and its extraordinary evolution.The common law, says Harry Potter, is ‘the spinal cord of the English body politic’ and we are further reminded that ‘it persists as one of the great legal systems of the world,’ even though subjected to continuing threats by expediency and vested interests up to and including the present day. As Scottish-born barrister, broadcaster and campaigner Helena Kennedy has said, ‘there is nothing that can beat it.’General readers as well as lawyers, particularly in common law jurisdictions, can consider themselves fortunate that this distinguished ‘brief history’ has indeed brought the English common law to life.

What is so special and so interesting about a history of English common law (OE folcriht)? For me, it is that the legal system that a country has is a significant element in what makes one country different from another, or in the changes occurring in one country over a period.One illustration lies in Potter's chapter 22 on the eighteenth-century barrister Thomas Erskine, who "deployed his considerable talents selflessly in the defence of wider Enlightenment values and of liberty" (p206). When the French Revolution lurched into the Terror, Pitt wished to prevent revolutionary ideas becoming a threat to the ruling class, and in 1794 suspended Habeas Corpus. This move constituted "the gravest attack on freedom of speech and association in the whole of British history" (p213), but the government could not control the judicial process. With a fair judge, an independent jury, and the outstanding defence counsel of Erskine, the prosecution case failed in key trials. Of course, progress in Britain towards democracy was extremely slow, and the question of why Britain avoided revolutionary change is a complex one to answer; but perhaps the absence of unrestrained and vicious repression (judicial murder), even in a time of a real or imagined threat from France, played a part in the slow but steady progress.A comparison could be made with present-day Russia, where there is no rule of law and, with the president establishing himself in power for life, no likelihood of democracy evolving peacefully. The president can ensure that troublesome individuals are prosecuted and desired verdicts given; indeed, opposition activists might prefer a rigged verdict of guilty of embezzlement to being shot in the street like a mad dog or poisoned with a substance designed to be hard to counteract.There are numerous gems in Potter's narrative of historical developments and key figures, with dramatic events in the seventeenth century looming large, and the life of John Lilburne (chapter 16) being especially vivid. Where I would have liked more detail is with the earliest Anglo-Saxon law codes. The topic is covered thoroughly, with much detail on compensation for injuries, but specific examples of legal stipulations are absent. I turned to Stenton to fill the gap, but in vain. Richard Muir, Portraits of the Past, shows how effective specific examples can be, in quoting from the Laws (domboc) of King Ine of Wessex, recorded around 690. We are indeed in another world when the fine for destroying a tree in a wood by fire is 60 shillings, "because fire is a thief"; while cutting down many trees in a wood calls for a fine of 30 shillings for each of three trees and no more, because "an axe is an informer not a thief" (p87).Potter ends with a chapter entitled "The Rule of Law under threat?", outlining a range of issues current at the time of writing. On top of these causes for concern, we now have a prime minister who is sure to want to prevent the Supreme Court from ever again passing judgment on his actions. Law does not stand still, and the play of politics cannot be ignored, but history offers more scope for enjoyable reading.

Excellent book. Having ploughed through 3 law degrees I think I understand - and I know the vast majority of non-lawyers do not understand - that simply knowing the "what" of the law is insufficient for understanding or applying it. The "how" and the "why" are equally important. I often found myself wondering "how did we get here?" during my studies, especially when studying things like equity, and had to take many things on trust, which leaves one with a troubling sense of inadequate understanding of legal principles.This book nicely addresses many of these questions. Episodes such as the development of Star Chamber, the Bill of Rights, the run up to Entick v Carrington, who John Seldon was and why Table Talk wasn't just a lawyer's coffee table magazine are just some of the personal delights I came across, as well as surprises about Magna Carta and why Thomas Beckett was such a troublesome priest - I never read that in my history books at school! And, being much more than a gallop through history, there are plenty of references to deeper works.I was drawn to the book by the TV series The Strange Case of the Law by the same author, and the easy but precise narrative voice of the author comes through in his writing. The book is advantageously divided into several parts each containing several chapters. The chapters are relatively short, but reward careful reading. There is a lot to learn.

Great book. Easy read. Was hoping for more info on what the future holds for our unwritten Constitution.

Beautifully clear exposition of a complex subject and taught me (aged 86) a lot that I didn't know!

Fabulous book. A step by step history of how our rights and laws have developed over the centuries. sometimes by great vision, sometimes by chance, sometimes by political expediency, sometimes by fluke. For such a vast subject the various chapters mesh together serenely. I had previously watched Mr Potter's TV series on the same subject entitles "the Strange Case of the Law" which wetted my apatite, but the book is a step farther up the ladder. Excellent book.