Law and the Medieval Village Community

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This book traces the study of the medieval village community from early historical works in the nineteenth century through to current research. It reveals alternative ways of making and conceiving of law not dependent on state authority, particularly in relation to customary and communal property rights. This poses challenges for legal theory: the legal positivism that dominates Western legal philosophy tends to reject custom as a source of law. The work argues that medieval customary law should be considered ‘law’ if we are ever going to fully understand law. It will be a valuable resource for researchers and academics working in the areas of Legal History, Legal Theory, and Jurisprudence.