Legal Institutions, Not Just Legal Doctrines

"Legal history regarded as a whole is a history of institutions as well as of doctrines, and it cannot be complete until the influence of each of these two factors in producing the common product is shown in its due proportion. Law can act upon practical affairs only through institutions, and these two sides are indeed so closely connected that it is impossible for any student whose main interest is in one side to give an account of his subject without treating more or less fully of the other."

--George Burton Adams, "The Continuity of English Equity"

Comments

[Stephen Lathrop]

I am curious whether the quotation in the OP was read at all to touch on a point I have repeated from time to time here: that to understand what the law means, it is not enough to understand what the law says, nor even to understand how the law has been interpreted. Instead, you must understand both the foregoing, and also add practical insight into the activities the law purports to govern.

The latter point is of course the one more likely to challenge even learned legal experts, as subject matter changes, and potentially encompasses activities with which lawyers are less familiar. Of late, I have been disappointed at how little insight has been forthcoming from the legal community during discussions of 1A expressive freedoms, particularly as those are affected by fundamental publishing necessities—which have changed far less in response to technological change than the lawyers seem to notice or suppose.

[Sarcastr0]

Indeed!

This is why engaging with precedent matters - the job of a judge/Justice is not to just have smart opinions, it is to interact with this institution that goes back a long time, and will continue in the future a long time.

It's also why I like tests more than many on here - some broad guidance for the lower courts to have as they are part of said institution.

The 'I don't agree with this opinion so it's just not real law' is also misapprehending where the judiciary is and how it works. Wrong is fine, illegitimate and gonna pretend it doesn't exist is refusing to interface with the law as it is - part of an institution, not just your personal take.

[The Turtle Dove]

But how many divisions does the Lord Chancellor have?

(Not counting Exchequer. Hard to carry a painted table into battle.)

Mr. D.

[shajjadmiah4]

This article raises such an important point. Legal institutions are the backbone of any legal system, and understanding their role is just as crucial as mastering doctrines. Thank you for shedding light on this often-overlooked aspect! If you like it, visit to find out. apply for a sponsor licence guidance.