Curriculum Guide · Courses

Professor Erin Kidwell

J.D. Seminar 136 | 3 credit hours

The American system of law and government embodied in the U.S. Constitution at the time of the Founding was deeply influenced by British constitutionalism and the English common law tradition – an influence that continues to be felt to our times. Drawing upon the last several decades of multilateral and comparative ‘new’ British history pioneered by J.G.A. Pocock, this course explores that legal and constitutional heritage from the earliest known native systems in the British Isles through the conquests and incursions of the Romans, Anglo-Saxons, Vikings, Danes, and, finally, the Normans and their successors up through the American revolution to the dawn of the Industrial Age. Whether we are looking at the collisions and interactions of Roman, Celtic, Anglo-Saxon and Nordic cultures in the earlier periods or the colonial crossroads of 18th century British-America, what is revealed is a juridical plurality that belies the mythic centrality and unquestioned dominance of the English common law found in nearly every major Anglo-American legal history text. The style of the course is that of a general survey balancing the more familiar English history with explorations of the juridical histories of Wales, Scotland, Ireland, and the imperial dominions of British-America in order to provide a useful corrective to the common perception that only English traditions and institutions are relevant to understanding and appreciating the origins of American law and government. A tour of the rare legal materials held by the Library’s Special Collections is an integral part of the course as well. Students will take a final take-home exam consisting of 3-5 essay questions.