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The Formation Of The English Common Law: A Preliminary Analysis

Posted on:2005-06-07Degree:DoctorType:Dissertation
Country:ChinaCandidate:J G ChenFull Text:PDF
GTID:1116360122981871Subject:Legal history
Abstract/Summary:PDF Full Text Request
This dissertation points out, the leading theories concerning formation of the Common Law in the fields of our foreign legal history unduly emphasize source relations between the Common Law and Germanic unwritten law and effects circuit justice make during the times of formation of the Common Law, discussing the problem about formation of the Common Law should be established in the theories on royal jurisdiction and be made around judicial activities of royal courts, especially three center courts. According to above-mentioned viewpoints, the dissertation put up comprehensive analysis for evolution of the early Common Law from lots of sides and directions, for example, complete establishment of royal jurisdiction, accomplishment of royal courts, especially three center courts, development and settlement of royal writs or actions of form, rise of legal profession in early Common Law and preliminary formation of legal community, and make conclusion that by the end of the time of EdwardⅠ, every elements in the Common Law have existed, the Common Law have formed eventually.This dissertation includes five parts in general. The first part takes about the 'formation' process and theoretical flaws concerning leading theories concerning formation of the Common Law in the fields of our foreign legal history, generalize briefly some theories on formation of the Common Law posed by several famous foreign scholars, and put forward some personal opinions for the criterion and times of formation of the Common Law.The second part proceeds with the theories of feudalism's jurisdiction, discusses briefly the expansion of royal jurisdiction brought by HenryⅡ legal reformation and contends between royal jurisdiction and ecclesiastic jurisdiction or seignior jurisdiction and complete establishment of royal jurisdiction.The third part analyzes emphatically the rise of royal courts and accomplishment and settlement of the three center courts and royal circuit justice system.The fourth part regards the Assize of Novel Deseisin as an exemplar, makes brief illumination for development and accomplishment of early royal writs or actions of form.The last part examines vertically professional justice groups and professional lawyer groups shortly , at the same times, analyzes briefly the birth of early common law legal community by the time of EdwardⅠand its influences for formation of the Common Law, too.
Keywords/Search Tags:Common Law, jurisdiction, royal court, royal writ, legal profession
PDF Full Text Request
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