The Middle Ages In The Early British Law And Kingship

This thesis analyzes the kingship of England during the historical period from Anglo-Saxon to Norman dynasty from the viewpoint of law tradition. During the period, the law tradition provides the foundation for the rise of the medieval kingship of England. The kingship of England sprung up from Anglo-Saxon "barbarian" kingship, and was strengthened during the Norman period step by step. Nevertheless, whatever powerful the kingship of England is, it is restricted by the law tradition and political institutions at all times. And "king is under the law" is the legal and political tradition in Medieval England. This dissertation consists of five principle parts.Chapter one is the summary and introduction of the previous research. On the basis of former researches, I put forward my idea of this thesis.Chapter two mainly analyzes the three sources and the essence of England law tradition. The law tradition of England consists of three elements: Germanic factor, Christianity factor and Roman factor. The law of England mainly features of custom which follows the principle of old law, and it presents characters of multiplicity structurally. In essence, the law tradition protects the subjective rights.Chapter three mainly describes the rise of the kingship of England in the early middle ages, and inquires into the establishment of political institutions of governance. The kingship of England develops on the basis of Germanic "barbarian" kingship under the help of Christianity theocracy, and authority of the kings is build up. The research also expounds the early development of the political institutions of both central government and local government.Chapter four mainly inspects the legitimacy of kingship. These three factors— kin-right, principle of select and consecration of the monarch—establish the legitimacy of the kingship together.Chapter five manly discusses the viewpoint of "king is under the law". This conclusion is supported by both the theory and the practice.