F.W. Maitland, Common Law and Civil Law

John Hudson, Professor of Legal History at the University of St Andrews

This lecture will examine 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 will explore his dislike of the political effects of the Civil Law, and contrast it with his admiration for the intellectual achievements of ancient Roman Law. His views will be set in the context of earlier English legal writers going back to Fortescue, with particular attention being paid to Blackstone. It will also compare his views with those of the great constitutional historian Stubbs and other near contemporary authors.