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What separated the king and archbishop was more than the personality of the two antagonists. Each had become by the time of Clarendon a fierce and unyielding representative of opposing views regarding the nature and purpose of law. Germanic law, which only in the Angevin lands was maintaining its purity against the spread of the Roman concept of justice, operated pragmatically to settle disputes by appealing to earlier practices. Custom and precedent, rather than an abstract concept of “justice,” determined what was just in a given case. This explains Henry’s conservatism and obsessive search for the practices of his ancestors. By Roman (and Canon) lawyers, on the other hand, a law was deemed just not because it was aligned to the past, but because it borrowed its justness from an a priori, rational, transcendental concept of justice. — HENRY II OF ENGLAND
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Henry II of England
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