The Origin Of Legal Profession In Western Europe

The mediaeval is one of the most important ages in the western history not only in demonstrating the rule of historic development, also in settling the basis for further development. The unique culture appears in the west Europe. The most powerful impetus of the law is produced in the mediaeval. This process is called the origin of the law and the capitalism. The legal professions amuse the responsibility of dispersing the rule of law by practice. This paper aims to point out the effect of the legal professions on emerge of the rule of law in order to use for reference to China by reviewing the status of the legal professions in the development of the law in Western Europe. The first chapter analyzes the conditions and the background of the origin of the legal profession. The origin of the legal professions consist of three contents: the increase of the centralization and the specialization of the judicial power; the community with techniques and methods which make the law commonly and systematically; the special spirit of the community. The Norman legal environments do not give a good background for the origin of the legal professions, but it gives some kinds of intellectual preparations.The second chapter describes the process of the origin of the legal professions. The premises of the process may be the centralization and the specialization of the judicial power after Norman Conquer, the changes of the procedural process and emerge of the folk legal systems. The legal professions become the special community for the solution of the disputes. In 13 century, the community of judges appears in England. Meanwhile, the lawyers become a professional community. In the third chapter, the author analyzes the origin of the legal professions in the Continent. The legal professions rise with the revival and the acceptation of the Roman law. There are some elements for the origin of the legal professions in France, such as the application of the Roman law in the course, the origin of the common law etc. This is not the case in Germany. The legal professions rise with the complete acceptance of the Roman law.The forth chapter states the effect of the legal professions on disperse of the rule of the law in western countries. After destroy of the Norman, the classical rule of law becomes a few memory in the beginning of the mediaeval. The legal professions create a serial of the theories based on it. It becomes the bridge between of the classic and the modern. The origin of the independent idea in judicial branch and the theory of rights limitation are the elements of the legal developments in mediaeval.In the end, the author show the aim of the paper again, that is to say, pointing out the effect of the legal professions on emerge of the rule of law in order to use for reference to China by reviewing the status of the legal professions in the development of the law in Western Europe.