Reprint of the original, first published in 1883.

Originally published in 1987, this book presented for the first time a unified treatment of English kinship of the nineteenth and twentieth centuries. This system, far from being a patchwork of historical accidents, has a remarkably logical overall structure, permeating both law and custom. To understand it one must study a wide variety of sources ranging from Parliamentary debates through accounts of contemporary events, cases and incidents to fiction of the day. The work is pertinent to current studies in a number of fields: in history it represents a systematic overview, highlighting new sources of material, while for lawyers it gives a historical context and explanation of ‘family law’, particularly topical for impending English legislation in this area at the time. It collects two centuries of sociological data, and presents social anthropologists with the English system for comparison with systems conventionally studied in the field and with kinship theory. Finally, it provides philosophers with a new arena in which to discuss the nature of explanations of human activities, besides raising fresh questions.

In this first U.S. edition of a classic work of comparative legal scholarship, Alan Watson argues that law fails to keep step with social change, even when that change is massive. To illustrate the ways in which law is dysfunctional, he draws on the two most innovative western systems, of Rome and England, to show that harmful rules continue for centuries. To make his case, he uses examples where, in the main, "the law benefits no recognizable group or class within the society (except possibly lawyers who benefit from confusion) and is generally inconvenient or positively harmful to society as a whole or to large or powerful groups within the society." Widely respected for his "fearless challenge of the accepted or dominant view and his own encyclopedic knowledge of Roman law" (The Encyclopedia of Historians and Historical Writing), Watson considers the development of law in global terms and across the centuries. His arguments centering on how societies borrow from other legal systems and the continuity of legal systems are particularly instructive for those interested in legal development and the development of a common law for the European Union. postamble();