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Western European Medieval City Autonomy And Its Revelation Of The Rule Of Law

Posted on:2012-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y D YaoFull Text:PDF
GTID:2246330335484533Subject:Legal theory
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The late 11th century, a direct result of religious reform is the separation of the religious world and the secular world, the situation of binary separation of multiple regimes has brought opportunities for the city’s survival and development. Agricultural Cultivation of movement and improvement of agricultural technology to greatly increase agricultural products and surplus labor, It provides a prerequisite for establishment and development of the city; the Pope foreign economic plan and revolutionary military plan through the eastern and western trade channels, This pave the way for the city developed commodity economy in the future; in order to fight the regime with the Pope, Corresponding to the church’s secular legal system, legal system forms the first, in this environment City Law grows up quickly.Community medieval city in Western Europe is the carrier of the Western cultural heritage law, it affected by the Pope and other factors, it established by the sworn oath of common values, common beliefs of the secular political community. "Social contract" through the legal political and economic life of the medieval city, it is the foundation of the medieval inner city of autonomy, but also an important guarantee for maintaining the authority of the city. As a microcosm of urban self-government traditional guilds, in urban life they play to integrate and coordinate the role of multiple interests, in addition, the guilds will also play through participation in class meetings the role of checks and balances of government power. City Law is the city self-government rules of conduct the legal system, urban residents realize the importance of protection of rights, its main source is the custom, charter, City Council, guild regulations, etc., is the coexistence of multiple legal systems to run is City Law’s law environment. Democratic self-government representatives of the public sectors have dominated the top-down mode is subversion, and the public sectors show a strong sense of community, corporation, secularity, but because this class produced in the feudal society, and inevitably the feudal and the pursuit of material interests of the utilitarian features. Berman’s theory of urban self-government is a human treasure for the rich and the legal theory of human development provides a living history example, pointed out the western city of autonomy is a necessary stage of Western rule of law.China has no tradition of self-government as in the West, there is no solid foundation of civil law, therefore, the concept of autonomy into the meaning of the rule of law needs to start from the grassroots practice. Grassroots autonomous organizations are our country’s efforts to try improve the rule of law. In reality, the residents committee and owners of the Committee there is not strong sense of democratic participation of residents, residents have the right to such regulations difficult to implement this embarrassing situation, to get out of this predicament, I believe, need to focus on nurturing grassroots autonomous organizations, community awareness and improve the system of two autonomous organizations Aspects.
Keywords/Search Tags:medieval, city autonomy, Berman, contract, community
PDF Full Text Request
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