A CURIOUS INNOVATIVE APPROACH TO LEGAL HISTORY WITH AN INTELLECTUAL SPARKLE FOR THE CURIOUS READER
An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
This book on “English Legal Histories” by Professor Ian Ward of Newcastle University is well described as another “exciting and innovative approach to the study of English law”. We feel that it will be of special interest to a wide range of readers not confined merely to lawyers. It has fifteen chapters split into three parts beginning with “England in 1613” and concluding with “1887 Property Law” thus spanning almost 300 years.
Do read the introduction first which will give the reader a flavour of the author's approach beginning with an apocryphal story from Gregorio Leti concerning Charles II, who “liked Leti” for his good conversation. The King heard that Leti was to write a history of the English court and wished to give him “some words of advice”. Apparently, the King commented, “be careful not to cause too much offence”. Leti replied saying it was “very difficult”, because it would take the wisdom of King Solomon to write a history that did not, in the end, manage to offend someone somewhere.”
The report response from Charles II observed that Solomon had “the wisdom to write in parables”. To complete the story, Leti did cause offence (what a surprise) with what are described as his “anecdotes” of life at the English court. Ward concludes writing that Leti, rightly sensing that he might be overstaying his welcome left England for Amsterdam. The author gives us here the flavour of his book which is brilliantly researched throughout and, we found it entertaining in a droll way.
Throughout, Ward has written “English Legal Histories” with an accessible writing style which is designed for both a student and a broader audience. He takes us beyond the narrower confines of legal doctrines and cases and invites them to consider the myriad contexts within which English law has been shaped.
Of substantial interest to historians is the author's social review of the politics, the economics, the art, and “the poetry within the history of law itself” as he puts it. He covers the period from the Reformation through to the age of Reform relating its stories as the 'histories', of English law which will be of great interest to lawyers and historians alike.
The content covers these areas: histories of the constitution and government; of crime and contracts; tort and trespass; property and equity to name but a few. Of the people who made that law, those who wrote it, and those who suffered it. Legal history is in the end a human story of justice and injustice, of success and failure, good luck and bad.
Ward declares that “the law is full of statutes and instruments”, case law and the role of precedent, but it is history which “is full of people and peculiarity”.
