Question regarding the transformations of English Law under the Henry II

by [deleted]

I recently have read Henry II by W.L. Warren and I plan on writing my semester paper on the changes to the English legal system Henry II made during his reign, I'm dedicating a large portion of the paper to the historiography behind the evolution of "common law" in England. However I would like to know if anyone has any suggestions for contending sources that look at the issue differently than Warren, as well as sources were I can make comparisons to his analysis. I haven't had much luck with modern sources but any including different theoretical angles would be most helpful.

[deleted]

This is not directly applicable to your question, but I think it would be very much worth your time to look into the changing understandings of kingship in the high to late middle ages. The definitive work for this is still:

  • Kantorowicz, Ernst Hartwig. The King’s Two Bodies: A Study in Mediaeval Political Theology. Princeton Paperbacks. Princeton, N.J: Princeton University Press, 1997.

This is one of the key studies of England in the period in question. You should have already read it, but in case your advisor is slacking, definitely pick it up:

  • Clanchy, M. T. From Memory to Written Record: England, 1066-1307. 3rd ed. Chichester, West Sussex ; Malden, MA: Wiley-Blackwell, 2013.

The prefatory material from this may be helpful:

  • Holt, James Clarke. Magna Carta. 2nd ed. Cambridge ; New York: Cambridge University Press, 1992.

This book relates the English kingship to the outside pressure that was placed on it (ie. the Church). Be aware that the author is very much an advocate of a deliberate plan of papal hegemony, which is not the consensus understanding on the subject:

  • Ullmann, Walter. The Growth of Papal Government in the Middle Ages: A Study in the Ideological Relation of Clerical to Lay Power. 3d ed. London: Methuen, 1970.

Also in the context of the English kings and the Investiture Contest, I would definitely read:

  • Southern, R. W. Saint Anselm and His Biographer: A Study of Monastic Life and Thought 1059-c.1130. Cambridge: Cambridge University Press, 2009.

Hope that helps! Sorry that I don't know of anything that is explicitly direct.

idjet

Sheesh, just all of common law? ;)

If you expect to touch on property law - in particular regarding land ownership among church and nobles - during this period then you really should ensure you've read Reynolds' Fiefs and Vassals (Oxford, 1994, 2001). Her summary introduction on the concepts is important to read before progressing to her chapters on England. While I don't know Warren, she provides a distinctly differing and important counterbalance to traditional historiographic views of the encumbrances of property ownership. If you are writing on property at the nexus of nobility, monarchy and church you will probably be called out on not including her.