Acceso usuarios
Thomas Rüfner
We explore continental jurists’ knowledge of and attitude to English (Common) law from (roughly) the 13th to the middle of the 18th century. During this period, English lawyers were constantly aware of the existence of an alternative legal system, the civil law, on the continent. Continental lawyers were mostly oblivious to English law. Among the few instances, where continental jurists refer to English law, a passage by Jacques de Révigny concerning the rule of primogeniture is prominent. Jacques’s statement of English law is mostly, but not entirely accurate. Its inaccuracy apparently bothered neither Jacques, nor the many jurists who took over his example during the following centuries. In this and other cases, the continental lawyers’ interest in English law was limited. They used English law as a source of examples and illustrations. A similar carelessness is evident from Hotman’s derogatory assessment of Littleton’s treatise on tenure. Hotman’s remark, which caused great indignation among English lawyers was made in an offhand way. The situation changed around 1750. Continental lawyers, especially in Germany developed a keen interest in English law. C.H.S Gatzert’s attempt to introduce ‘communists’ as a designation for lawyers studying the English common lawyer shows a new appreciation. While continental jurists were still bewildered some of the idiosyncrasies of English law, they began to regard English lawyers as their co-equals.
