John Hudson, "F.W. Maitland, Common Law and Civil Law"

This lecture examines a thread that runs through Maitland’s writings on legal history: his preference for the English Common Law tradition over the continental Romano-canonical Civil Law system. It explores his dislike of the political effects of the Civil Law, and contrasts it with his admiration for the intellectual achievements of ancient Roman Law. His views are set in the context of earlier English legal writers going back to Fortescue, with particular attention being paid to Blackstone. It also compares his views with those of the great constitutional historian Stubbs and other near contemporary authors. This Fulton Lecture was presented on March 29, 2018, by John Hudson, Professor of Legal History at the University of St Andrews.