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Daniel R. Coquillette, Legal Ideology and Incorporation III: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, 67 B.U. L. Rev. 289 (1987).

Abstract: This Article is the third in a four-part series entitled Legal Ideology and Incorporation. In this series, Dean Coquillette demonstrates that, although England has fostered a strong common law system, significant intellectual work was done in England during the sixteenth and seventeenth centuries by students of the civil law systems dominant on the Continent, particularly in their mercantile and diplomatic specialties. Dean Coquillette traces the development of the juristic works of these English civilians, and examines the civilians' intellectual influence on the English common law. His central thesis is that the English civilian jurists never intended to achieve a direct "incorporation" of civil law or mercantile doctrines into the common law. Rather, their lasting achievement has been the significant influence that their ideas about law-their "legal ideology"-have exercised on leading common lawyers and on modern commercial and international law. This Article discusses the third period of English civilian juristic development. The period commences with the years during and after the Commonwealth, and extends into the eighteenth century. By then, the common lawyers were succeeding in their attacks, leaving civilian scholars, such as Godolphin, Duck, Wiseman, Zouche, Exton, Jenkins, Wood, Strahan, and Ayliffe with what could have been an increasingly narrow and specialized role in the English legal system.