Early modern
Sir Edward Coke
1552–1634 · England · Judge and Member of Parliament
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.
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