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During The American Colonial Succession To The English Common Law System

Posted on:2006-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y T YouFull Text:PDF
GTID:2206360152485145Subject:Legal history
Abstract/Summary:PDF Full Text Request
The thesis mainly focuses on the introduction and absorbing of the English common law during American colonial time, with main focus on how the American common law started in the first thirteen colonies in North America, and what effects the main source of American common law, i.e. British common law had on American common law system. The major objectives of this thesis include the British common law of the colonial time, the establishing procedure of the common law in the first thirteen colonies in North America, its attitude toward British common law, how the common law defeat the Roman law in North American colonies, the reformation that the American colonies had taken on British common law and the effects that the English jurist——William Blackstone had on the form of the common law. Through studies on the above objectives, the author tries to disclose the reciprocal effects that the formation of early common law and the constitutional and democratic system of America had had on each other, as well as the supportive effects the former had had on the latter. The thesis's studies are carried out along two traces respectively. One is to introduce the concrete system of the thirteen colonies in North America and meanwhile, interweave the major systems of the common law, i.e. the jury system, lawyer system, etc., the establishment of the respective statutes and parliaments in these early colonies and the struggles taken by the colonial people against the governments of the colonies and England, using the common law as their weapon. The other is to relate the introduction of the British common law of the colonial time, which had great influence on these colonies, to the absorbing and improvement taken by America to the British system. The main method that the thesis had taken is to divide geographically the thirteen colonies of North America into three districts, i.e. New England, the middle and the south areas. Differing from the traditional approach, which is to differ the colonies according to the way they were established, this method has an advantage that colonies that were in near location usually shared more common things in their legal system. The introduction mainly introduces the significance of the common law in colonial time, the British common law of the colonial time and the effects that the English jurist Blackstone's works "Commentaries on the Law of England"had on the common law system in the colonies. The first chapter explains briefly the absorbing and improving process taken by American colonies to the common law, including the reason American colonies absorbing the common law, the struggle taken by the common law against the Roman law and the reason of reform taken by America to the common law. The second chapter elaborates the establishment process of common law in New England colonial area in early America and the features pertaining to the process, with the emphasis on the colony of Massachusetts. The third chapter studies on the establishment process of common law in the middle colonial area with the emphasis on the colony of New York. And the fourth chapter discusses the establishment process of common law in the south colonial area.
Keywords/Search Tags:America, Colony, Common Law
PDF Full Text Request
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