Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-g5fl4 Total loading time: 0 Render date: 2024-07-25T13:11:24.237Z Has data issue: false hasContentIssue false

9 - Sir John Davies, the ancient constitution and civil law

from PART IV - CONCLUSION

Published online by Cambridge University Press:  13 October 2009

Get access

Summary

The chapters dealing with the case of the Bann fishery and the case of mixed money have demonstrated how Sir John Davies, as Irish Attorney-General, supported both private and public interests in Irish litigation through argument from Roman law. In these and other cases in the Reports, Davies' use of continental law was so extensive as to cast doubt upon the conventional notions of an insular common law mentality put forward by Professor J. G. A. Pocock. In his well-known study, The Ancient Constitution and the Feudal Law, Pocock asserted:

There was no reason why a common lawyer should compare his law with that of Europe except an intellectual curiosity arising and operating outside the everyday needs of his profession.

This assumption that English lawyers practised their trade in a professional climate devoid of all practical contact with European law, is, however, extremely narrow and fails to take into consideration the extent to which common lawyers were exposed to the civil law tradition in the seventeenth century. The major points of contact with foreign legal sources were: the law practised in the numerous non-common law jurisdictions; the legal training at the universities and Inns of Court; the early Stuart political controversies concerning public law; and finally the movement for law reform that began at the end of the sixteenth century. All these influences gave common lawyers considerable exposure to the principles and procedures of the civil law, and as Davies' work in Ireland demonstrates, this familiarity often had concrete effects in the decisions rendered by common law judges in litigation pending before the central courts.

Type
Chapter
Information
Sir John Davies and the Conquest of Ireland
A Study in Legal Imperialism
, pp. 161 - 175
Publisher: Cambridge University Press
Print publication year: 1985

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
×