Contents - Faculty of Law - University of Cambridge

Rodger and McCulloch, The UK Competition Act: A New Era for UK Competition Law (2000)Specialist journals:European Competition Law Review (ECLR)Competition Law MonitorLAW AND LEGAL CHANGE IN THE TUDOR PERIODThis paper considers questions of legal change in England in the Tudor period, that is, between 1485 and 1603. Thecourse is divided into three sections: a short introductory section, and two roughly equal larger sections, as follows:1. Introduction: The ‘medieval inheritance’ and the themes of the course2. Particular change in municipal lawThis part of the course will examine two areas of change, one legislative, the other common law:(a) legislation: the Statute of Uses 1536, the Statutes of Wills 1540 and 1542;(b) common law: the action on the case of words; indebitatus assumpsit; ejectment for freeholders and copyholders.3. ‘The Broader Plane’This part of the course considers aspects of the ‘broader plane’ of new ways of thinking about the legal process andthe jurisprudence of the courts:(a) changes in fact-handling by the judges; the disappearance of oral tentative pleading; the rise of special verdictsand motions in banc;(b) changes in understanding of the role of the judges, and in expectations of the judges on the part of litigants andtheir advisors; the movement from ‘doctrine’ to ‘jurisprudence’; continued life in the ‘common learning’;(c) changes in the nature and function of law reporting;(d) the thesis that England was ‘sailing with the jurisprudential tide’ in comparison with changes in continentalEurope in this period.READINGGeneral texts:Baker, An Introduction to English Legal History (4th ed 2002)Detailed texts:Baker, English Law and the Renaissance [1985] CLJ 46Baker, The Law’s Two Bodies (2001), chs 1 and 3Baker, Oxford History of the Laws of England, vol 6, 1483-1558 (2003), ch 1English Law and the RenaissanceBaker and Milsom (eds), Sources of English Legal History (2nd ed 2010) (relevant parts) (primary source material forreference)64