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The City Law Of Western Europe And Its Democratic Factors

Posted on:2012-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2216330338459465Subject:Legal history
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Medieval Europe is an important period in the history of democratic system,it'sthe beginning of the history of moderm democracy .Medieval city in Europe against the background of feudalism,In the fedal power of the Church and local forces caught between the right to grown up.At this time the city is not the moderm sense of the city,but also from any city in the past,it has a double feudalism and capitalism,the nature of ambiguity with relative socio-economic characteristics and political and legal characteristics.With the rise of capitalism and commerce,the city'sgrowing prosperity,expanding the power of the public class,it is increasingly urban residenta dissatisfied with the feudal oppression.Out of the public is eager to the feudal lords,get rid of the feudal rights and obligations,for freedom and equality.So,each city by money or by force to secure the autonomy,in order to consolidate the fruits of victory,,the public class to pass legislation to the city's right of autonomy to legal form,which is destined to the city law is different from the feudal law with the spirit of democracy.Method for the people of the city is very important in terms of class,the book is the protection of rights of the people,which makes the city law has the character of the Constitution.On the other hand,as previously establishde in major cities of the law was accepted by the new city,so you can see from the new city law,the laws of the original city of imprinting.This forms the universal law of the city,making the european cities have similar laws in general principles and system.The law of the medieval city,can see the democratic idea of organic development.The purpose of this law on the adoption of the city in order to understand the medieval city of law inherent in democrait ideas to the construction of contemporary democracy to inspire.This article from the citation,body and conclusion of three parts,of which the text was divided into four parts.Citation part,describes the background of the times of the city law.Medieval Westerm Europe was frequent wars and pluralistic structure of social power,the palm points in the hands of different classes, all power constantly strive to master more and more cities in the wealth of this new fore for the maneuver potential.Autonomy given to these cities is the feudal lords and the church used the most feasible way,then,the city law on this basis have growing.The first part introduces the rise of Westerm European city law.First introduced the city is the basic premise of the city law created,with the business recovery and development, continuous emergence of new cities,which have the possible for the city law's growing.The complex political situation medieval act provides for the survival of the city.Kingship,religious power and the struggle against the feudal force,the parties should strive for making the city force,continue to be given to the city charter,which have to provide an opportunity for the city law.Legal awareness of urban residents and medieval religious though have provides an ideological basis for the city law.The parties together to promote the conditions,so that the city law came into being generated.The second part introduces the main elements of the city law.City law is composed of a variety of legal norms,the main souce is the city charter,guild law and the City Council.The city charter is the autonomy given to the rights of feudals lords certificate characteristics with Constitution..Urban craft guilds composed of law is the industry developed its own rules,members must comply.Guild rules are often those in power recognized the force of law and rose to the law,and it is the important component of urban law.City Legislative Assembly unanimously approved the formation of the public law,is generally on the exisiting laws,customs,charter of con firmation,more than a simple modern legislation.City Law contains the principles of freedom and equality,mutual loyalty principle,the principle of check and balances,reflecting the sprit of democratic constitutional govemment.The third part introuduces the elements of democracy in urban law.City Law absorbed the classical democratic tradition,to retain the democratic legacy of the Germanic law,religious law has absorbed the democratic ideas.Legislation in the city,municipal authorities on the design of the system,the judicial system and the public consciousness embodies have reflecting varying degrees of demoocratic idea.The fourth part focuses on the xity law meaning of the modern democratic system.City law has a dual nature,it is the bridge from feudal system to capitalism.Characteristics of the times democratic ideas was not yet mature,but still a modern democratic system for reference.In particular,political participation is one pf the people the reality of operational and effective participation of the jury system,it is worth considering.
Keywords/Search Tags:Middle Ages, City Law, Democracy
PDF Full Text Request
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