Central concepts in fifteenth-century English legal thought
The thesis seeks to examine the apparent tensions between fundamental ideas found in the literature of fifteenth century English legal theory and practice. The theorists studied are Fortescue and Pecock (whose ideas are set against those of their English and continental predecessors and contemporaries) and the practical materials examined are the Year Books and the Statutes. The work attempts to advance the view that legal thought in fifteenth-century England, both theoretical and practical, is characterised by two essentially opposing concepts of law. According to one outlook, described as the heteronomist thesis, in legal theory human law relies for its authority upon <i>natural law</i> and <i>justice</i>: it is not the human will which is used to shape law, it is these entities, divine in origin, which operate as external influences in the shaping of law. In the Year Books and in legislation the heteronomist thesis expresses itself as a mode or practice of disposing of cases and problems. Persistently during the period, legislators, judges and counsel rely upon <i>conscience</i> and <i>divine law</i>, and to a lesser extent <i>natural law</i> (distinctly moral ideas), and <i>reason</i> and <i>mischief</i>
Doe, C. N.
Legal theory and practice/15c
Central concepts in fifteenth-century English legal thought. The thesis seeks to examine the apparent tensions between fundamental ideas found in the literature of fifteenth century English legal theory and practice. The theorists studied are Fortescue and Pecock (whose ideas are set against those of their English and continental predecessors and contemporaries) and the practical materials examined are the Year Books and the Statutes. The work attempts to advance the view that legal thought in fifteenth-century England, both theoretical and practical, is characterised by two essentially opposing concepts of law. According to one outlook, described as the heteronomist thesis, in legal theory human law relies for its authority upon <i>natural law</i> and <i>justice</i>: it is not the human will which is used to shape law, it is these entities, divine in origin, which operate as external influences in the shaping of law. In the Year Books and in legislation the heteronomist thesis expresses itself as a mode or practice of disposing of cases and problems. Persistently during the period, legislators, judges and counsel rely upon <i>conscience</i> and <i>divine law</i>, and to a lesser extent <i>natural law</i> (distinctly moral ideas), and <i>reason</i> and <i>mischief</i>
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