On The Historical Reasons For The Formation Of The Common Law Of England

English law is comprised by Common Law, Equity and Statute Law, and moreover, Common Law firstly came into being and had the most influence, Equity just was used to reinforce Common Law, and Statute Law was used to perfect the law systerm. Therfore, once we refer to the formation of Enlish Law, we must discuss the cause of the emergence of Common Law. When Rome Empire withdrew from Britain, Rome Law also disappeared together. Though lots of kingdoms promulgated many codes, they just were compilation and authorrization of their own tibe customs. Compaered to the contienet, England didn’t have any essential difference until Norman Conquer.Norman Conquer established perfect feudal system in England. Because feudalization led to the fragmentations of natianal jurisdiction, the kingship had lack of authority of the ultimate jurisdiction. Owing to Stephen’s civil strife, Henrry II took lots of reformation especially in judicature field in order to restore and reinforce the kingship. The three inherent cores of Common Law which were the Jury, the Writ and the Assizes all began to emerge in the rein of Herry II.In the next century, Common Law was being perfected gradually. With the expansion of king’s jurisdiction, the Jury and the Writ as legal proceedings got an enormous development. Besides, on the baisis of the Assizes, England set up three the Supreme Courts, which were the Court of Common Pleas (the Bench), the Court of Exchequer, and the Court of King’s Bench.English law defeted the infiltration of Rome Law by means of the perfect supreme judicial organs, the standardized legal proceedings, and professional groups practicing law in this period. Until the later period, athough English Law evolved Equity and Statute Law on the basis of the reference of Rome Law, the essence didn’t change at all and turned into one of the two law systems of the world.