William Blackstone, when writing his Commentaries on the Laws of England, noted in his preface that "of all the earlier schemes for digesting the Laws of England the most natural and scientific, as well as the most comprehensive, appeared to be that of Sir Matthew Hale in his posthumous History of the Law".
《英格兰普通法史》是英国大法官马修·黑尔爵士于1739年发表的著作,此书是英美法学中第一部法律史著作。黑尔爵士在该书的导言中用较多篇幅记述了柯克法官对英国普通法做出的贡献;此外,他针对霍布斯所著《哲学家与英格兰法律家的对话》一书所撰写的反驳文章也为我们理解柯克的“技艺理性”的思想提供了绝佳的注释。
The History was based on lectures he gave to students, and was most likely not intended to be published; it is considered the first history of English law ever written. Divided into 13 chapters, the book dealt with the history of English law and some suggestions for reform.
- I. Concerning the Distribution of the Law of England into Common Law, and Statute Law. And First, concerning the Statute Law, or Acts of Parliament #
- II. Concerning the Lex non Scripta, i.e. The Common or Municipal Laws of this Kingdom #
- III. Concerning the Common Law of England, its Use and Excellence, and the Reason of its Denomination #
- IV. Touching the Original of the Common Law of England #
- V. How the Common Law of England stood at and for some Time after the coming in of King William I #
- VI. Concerning the Parity or Similitude of the Laws of England and Normandy, and the Reasons thereof #
- VII. Concerning the Progress of the Laws of England after the Time of King William I, until the Time of King Edward 2 #
- VIII. A Brief Continuation of the Progress of the Laws, from the Time of King Edward 2 inclusive, down to these Times #
- IX. Concerning the settling of the Common Law of England in Ireland and Wales: And some Observations touching the Isles of Man, Jersey, and Guernsey, etc. #
- X. Concerning the Communication of the Laws of England unto the Kingdom of Scotland #
- XI. Touching the Course of Descents in England #
- XII. Touching Trials by Jury #
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