PART Ⅰ.THE BACKGROUND OF THE COMMON LAW 1
Ⅰ.WHAT LEGAL HISTORY IS ABOUT 1
What is Meant by Legal History 3
The Pre-Norman Scene 6
Changes Effected by the Normans 8
Anglo-Saxon and Early Norman Law 11
Preliminary Definitions 12
Ⅱ.THE COURTS 22
Ancient Courts 23
Beginnings of the Royal Courts 27
Reforms of Henry Ⅱ and Origins of Central Courts 30
Modern English Courts 43
American Colonial Courts 44
Ⅲ.THE JURY 48
Origins of the Jury 50
Present status of the jury 60
Ⅳ.THE BENCH AND BAR 62
Functions of Lawyers 63
Modern Legal Education 63
Ⅳ.THE BENCH AND BAR-Cont’dOrigins of the Bar 65
American Lawyers 69
The Bench 70
PART ⅡSOURCES OF LAW 76
Ⅴ.CUSTOM AND CASES 76
Custom and Law 76
Cases as a Source of Law 79
Ⅵ.LEGISLATION AND CODIFICA-TION 89
Origins of Legislation 90
Codification 93
Interpretation of Statutes 98
Ⅶ.DOCTRINAL WRITINGS 101
From Glanvill to Littleton 102
From Littleton to Kent and Story 104
From Kent and Story to the Present Day 107
PART ⅢTHE COMMON LAW IN ACTION 110
Ⅷ.REAL PROPERTY 110
The Norman Background 113
Inheritance of Land 120
Who has Seisin-Service and Demesne 123
The Uses of a Fee 130
Dower and Curtesy 141
Ⅷ.REAL PROPERTY-Cont’d 145
The Leasehold Estate 145
Wills of Land 150
Uses and Wills 155
The Statute of Uses and the Statute of Enrollments 157
Modern Trusts 160
Ⅸ.TORTS 163
The Ancient Law 165
Theories of Liability Under the Writs of Trespass 168
Negligence 171
Modern Negligence Theory 177
Conclusion 179
Ⅹ.CONTRACTS 189
Early Forms in the Nature of Contract 190
Trespass on the Case on an Assumpsit 197
Contracts Implied in Fact and Quasi Contracts 207
The Doctrine of Consideration 209
Economic Forces 214
PART Ⅳ.THE COMMON LAW CODIFIED 217
Ⅺ.THE LAW AND COMMERCE-AC-TION AND REACTION 217
Early Mercantile Law 218
The Development of Trade 221
Ⅻ.NEGOTIABLE INSTRUMENTS 223
Types of Negotiable Instruments 223
The Bill of Exchange， or Draft 225
Promissory Notes 232
Subsequent Common-Law Develop-ments 234
The Codification Movement 236
ⅩⅢ.BUSINESS ORGANIZATIONS 240
Early Entity Concepts 241
Joint Stock Companies 246
Limited Liability 248
American Corporations 252
Corporate Status as a Privilege 255
Partnerships 257
Index 263