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The Revolution Of The Relationship Between Kingship And Law In The Western Middle Ages

Posted on:2007-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y GuFull Text:PDF
GTID:2166360185454246Subject:Legal history
Abstract/Summary:PDF Full Text Request
The split of Frankish Empire in late times of 9th century declares the end of the rule of Germanic Kingdom. The system of fief and vassals gradually dominates in the Western Europe. Vassals like the noble and Church possess most of the land and keep on enfeoffing it. It is lords that rule in their own land, while the kings have been losing their power and prestige. Only in England the king still maintains his highest domination. The development of law is also in a rather backward and slow situation. Custom law naturally becomes the main source of law. Custom law that consists of feudal law and manor law firmly controls the fate of medieval law, even the power of the king before 12th century,.This article is made up of introduction, five main chapters and epilogue, starting in 12th and 13th century and trying to describe the rise of Western monarchical law which leads to the change of legal institutions. The first chapter describes the emergence of the Western monarchical law. 12th and 13tk century is the important turning point of kingship. Struggling with the church, noble, feudal lords even the whole feudal system, kingship of every Western European country becomes big and powerful. If it is said that laws of the Western European countries are in their passive period which is restrained by variety of custom laws, canon law and some obscure natural laws, the theories of kingship after 12th century are going to stably overturn these fixed traditions and build a new type of relationship between kingship and law that will actively induce, correct old laws and produce new laws.The second chapter describes the development of England monarchical law. The development of English feudal kingship has its own mode which is in the vertical status of rule and different from the Western continent. In early times, Conqueror William and his descendants have already paid much attention to strengthening and promoting their royal power, which becomes the base of the judicial reform of Henry II. During the times of Henry II , his judicial reform achieves great success. Writs gain more cases for the royal court. Jury institutions show the advancement of royal court. Assizes enlarge the influence of royal court. Besides, the legislation activity is on the upsurge in the times of Edward I .The third chapter describes the development of French monarchical law. The development of French monarchical law is not as fast as English monarchical law until the times of Philip II which makes progress revolutionarily. Philip II establishes bailiff court with characteristic of royal court and obtains fame when struggling with the king of England. After the judicial reform of Louis IX, Parliament and professional judges emerge in France. French monarchical law forms theoretical and complicated road of litigation which is quite different from that of England.The fourth chapter describes the development of Germany monarchical law. In the middle ages the unsteady kingship of Germany leads to the weak monarchical law. Constitutiones pacis that originates from the movement of the church is its particular royal legislation point. Constitutiones pacis is discussed and issued by Reichstag. Then, in order to extend these decisions, they must be admitted by princes. By issuing constitutiones pacis, the power of self-protect of princes is restrained and people in different classes are put into the control of the same law, which shortens the distance between peasants and citizens meanwhile the power cf country has been strengthened.The fifth chapter concludes the characteristics of monarchical law. Monarchical law not only bases on custom law and enlarging judicial territory but also attaches importance to royal, national peace and extends its power when struggling with the church step by step. In England, the development of royal branch law is in balance while the Western European continent specializes in public law and the private law is mainly regulated by custom.As an accessory of powerful kingship, monarchical law becomes one of the crisscross sources of the legal history of Western Europe accompanied with custom law, canon law and the Roman law after its renaissance. Finally monarchical law turns to be the part of unitary and indivisible legal regulations of each country.
Keywords/Search Tags:kingship, monarchical law, custom law, feudalism, middle ages
PDF Full Text Request
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