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Early modern

Sir Edward Coke

1552–1634 · England · Judge and Member of Parliament

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

Edward Coke was Attorney General, then Chief Justice of the Common Pleas and of the King's Bench under Elizabeth I and James I, and later a leading member of Parliament. As a judge, he held that the common law, which he called the artificial reason of the law, is the accumulated learning of generations of judges and not the private reason of any one person, even the king. In the Case of Proclamations (1610) he ruled that the king cannot create new offences by proclamation, and in Dr Bonham's Case (1610) he suggested that courts might refuse to apply an Act of Parliament contrary to common right and reason. King James dismissed him in 1616. Coke later played a leading part in the Petition of Right of 1628. His Reports and his four volumes of Institutes became the standard textbooks of the common law and influenced the American colonists.

The big idea

The common law is the accumulated reason of generations of judges, and the king himself is under God and the law. He resisted royal claims to override the courts.

Main work

Institutes of the Lawes of England; Reports

Legacy

A founder of English constitutional law and an influence on the American founders.

The school of thought

  • The Historical School: Law grows out of a people's history and spirit, and cannot be invented from above.
← Earlier: Thomas AquinasLater: Hugo Grotius →

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