Chapter 1 What is law? Where is England?
Oliver Wendall Holmes 4 main points
1. Law is not a mystery but a well known profession
2. Law is essentially about prediction or “prophecy”
3. Legal History is studied to aid us in our predictions
4. Law has its limits and it is easy to confuse it with other principles
- Encouraged us to look at the law in the perspective of a bad man, a
man with no morals so we don’t get the two confused
- Law needs to be kept relevant
Where is England?
England, Scotland, Wales, Northern Ireland
(Island including Northern Ireland)
Great Britain: England, Scotland and Wales (Just the Island)
Scotland’s legal history is different to English and Welsh so we are
discussing English Law not British.
English Law developed the common law system, different to other forms
of law such as civil law, Islamic law and other tribal law systems. As the
British Empire expanded they took their system of law and transplanted it
to the co