Font Size: a A A

Analysis Of King Henry Ii To Edward I's Legal System Changes

Posted on:2009-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:H RenFull Text:PDF
GTID:2206360242986055Subject:Special History
Abstract/Summary:PDF Full Text Request
In the English legal history,the judicial reform of King HenryⅡand EdwardⅠ' legislation played an important role.In this time the common law underwent the process of formation,development and completed establishment.After Stephen's disordered reign,HenryⅡbegan to carry out much reform,whose center is judicial institution.The judicial reform of King HenryⅡ,including established royal court system,resumed the eyre,actualized the writ institution and perfected jury system,shaped the common law primarily.In the thirteenth century,the written law that affirmed the unwritten custom began to exist,and went to climax under EdwardⅠ' reign.The content of EdwardⅠ' legislation,whose content was very wide,referred to the fields of land,criminal,merchant,church,and so on.In common law system,the written law raise three impacts:clarify the rule,define the power of custom;rebuild the old rule and put it into common law system;build new rule by legislation.In the meantime,as the unwritten law of royal court,the common law formed eventually with the perfection in royal court system.In a word,English legal institution changed in all fields in twelfth and thirteenth century,these changes are called "legal lunge".Since HenryⅡ,the struggle for judicial power between the king and the ecclesial,secular noble decided the special road of common law.Up to EdwardⅠ,the king controlled the lord' s judicial power, ecclesial judicial power and local public judicial power by the way of legislation mainly,which established the king' s jurisdiction comprehensively.The common law came into being eventually.
Keywords/Search Tags:Medieval England, Judicial Transformation, Common Law, Legislation
PDF Full Text Request
Related items