Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-8zxtt Total loading time: 0 Render date: 2024-07-11T08:10:26.061Z Has data issue: false hasContentIssue false

20 - Legal documentation and the practice of English law

from III - LATIN LEARNING AND THE LITERARY VERNACULARS

Published online by Cambridge University Press:  05 February 2013

Clare A. Lees
Affiliation:
King's College London
Get access

Summary

The historical study of early English documents which could be subsumed under the rubric of ‘legal texts’ has seen an impressive resurgence in the past half-century, with the publication of Patrick Wormald’s The Making of English Law and editions of cartularies belonging to individual religious establishments. This chapter, by contrast, concentrates on the development of written and literary styles in legal documentation, examining how legal writing influenced and was influenced by other written texts. It also addresses the continued use of orality in legal transactions. The transition from oral to written transmission of laws and legal documents involved the development of legal formulations both drawing on oral tradition and also influenced by emergent literary styles. The following analyses present varieties of legal documentation – laws, charters (or diplomas), writs and wills – in chronological appearance, and consider how the cross-pollination between these genres and other forms of written culture both within and outside the Anglo-Saxon territories enhances our understanding of the uses of documentation in Anglo-Saxon England. Not only does the study of literature inform our interpretation of law, but legal formulations also leave traces on other facets of literary culture. The chapter ends with discussion of two cases showing law in practice, demonstrating the application of various forms of oral and written evidence.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×