Reflections upon the ‘Popular Knowledge of the Law in Early Modernity’ workshop
by Dr. Laura Flannigan (St. John’s, University of Oxford) The early modern period witnessed unprecedented levels of litigation. Indeed, the size of surviving archive of court rolls, pleadings, and depositions marks out the contours of a ‘legal revolution’ in the centuries up to c.1600, observable across much of the Western world. This trend, scholars have assumed, was preconditioned by population recovery following the Black Death, by rising literacy and document ownership, and by the centralisation of judicial systems under various monarchical regimes. Frequent litigation would seem to imply widespread knowledge of its norms and procedures among litigants – enough to drive them to seek out law courts and legal authorities more regularly. But what did (and what could) this knowledge consist of, how was it acquired and disseminated, who by, and how coherently or accurately? These were some of the questions that formed the genesis of this one-day workshop on ‘Popular Knowledge of the Law in Early Modernity’ at St John’s College, Oxford, with contributors exploring English and trans-Atlantic contexts for answers. One distinction that emerged early in the day’s discussions was that between the knowledge of litigants and that of the lawyers who advised them. The former is typically […]