On The Medieval Practice Of European City Of The Rule Of Law

With the speed development of global economy and the deepening of urbanization, urban history research is also developing rapidly. Foreign urban history research has experienced the studies on urban system, economy culture and daily life and has achieved fruitful results, and the scope and depth of the research are expanding and deepening. Compared with the study abroad, the domestic study process of the European cities history is relatively slower, especially the city’s economic situation and the judicial system of the interaction which need more in-depth exploration.In order to further the understanding of the European city Laws and promote the academic study of the history of European cities and the laws of them, this article is based on forefathers’research results, and takes the development of main European cities of Britain and Germany as the breakthrough point, combs out the trend of the European urban laws during11to15th century, analysis the logic of urban development in different countries.11to15th century witnessed the rise, development and decline of the laws of the cities.And this process have a closely relationship with the gradually rise of the notion of state, especially the establishment of the nation state in late medieval which make a big shock to the privileges of city laws. With the development of cities the city laws was created in11-12th century. During this period, the city laws confirmed the domestic and foreign rights and obligations of citizens, and provided a foundation for the development of the city. In12-13th century, with the ups and downs of the power of Kings, nobles and the church, the development of the city laws was deepened and the understanding of their rights and obligations was more deeply. In the14-15th century, the magisterium declined and the aristocratic power gradually merged to the Kings, so the city laws gradually become a part of a kingdom law system.The full text is divided into four chapters. The first chapter expounds the rise of the medieval European cities and its background. In11-15th century, European cities economic development demand for the law promoted the development of the law, meanwhile the development of the city laws promoted the development of urban economy. The law and principle sense of German, Rome, and the Christian and the needs of the city after urbanization shaped the law principles of medieval cities. The second chapter discusses the expressions of the medieval city laws, including the equality legal status of citizens, the contract consciousness of observing the laws, and complying with the procedures for the rule of law in the city’s political life, etc. And all of these gave birth to the form and principle of modern western legal civilization.The third chapter expounds the development of the rule of law of the British city in11-15th century. Since the Norman Conquest British city methods exchanged with mainland city laws. In12-13th century, with the gradually forming of the common law, the authority and procedures of urban law are changed. In the14th and15th century, as the crisis and the rise of small cities and towns, the city law further adjusted its rights and privileges in the flow of the economic development, and eventually became an important part of the common law. The fourth chapter expounds the11-15th century German city development process of the rule of law. Because of the fierce struggle of the religious right and kingship, the German central power in this period is weak. But the urban league provided a broader stage for the development of the city law. The city was Renaissance in11th century.In12-13th century, the bishops and the imperial palace played an important role in urban life. During this period, the German city acquired a lot of autonomy, the urban had a rapid development, and the urban league was founded. In14-15th century, with the development of the urban league and mediation with the bishop and the royal power, the city increased strength, which strengthened the exclusivity of German city and deepening the German division.Conclusion part discusses the influence of the middle ages city law to the modern society governed by law. The function of city in the feudal society and the growth space of citizens determined the plasticity of the city law’s birth. The urban economic structure and tax forms determined the degree of freedom and system integration in the process of the city law. Both of these two aspects determined the difficulty of the city to transform the middle ages to the modem legal role. In addition, due to the range and depth of city functions continuous expanding, the city law make the Germanic tradition of freedom, moral system of Christian and the Roman law of business and management mode constantly fusion, and finally showed the equal legal status between citizens, contract consciousness of obvious the law, and the rule in city management program. All of these principles had an internal consistency with the late medieval national law. With the change of city’s political and economic function the development of the city law show the strong adaptability. Finally, the medieval city law has an undertake relations with the development of the nation state. Due to the various regional economic bases, political tradition and city development opportunities, the urban law system also showed their own characteristics which foreshadowed their different manifestations later in the capitalist revolution.