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Customary Law To Common Law:The Evolution Path Of The British Legal System In The Late Middle Ages And Its Reference

Posted on:2020-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z F ChenFull Text:PDF
GTID:2416330578971101Subject:Legal history
Abstract/Summary:PDF Full Text Request
After the battle of(Hastings)(Norman conquest at the Battle of Hastings,the conquerors may have chosen and maintained a set of laws applicable to them and another to the English,but,This difference in the application of the law is neither strict nor universal,nor does it last long.On the contrary,the Normans seemed happy to accept some of the important elements of Englands habits,as well as to implement some of their own legal ideas and habits.In the exploration of the formation of common law,it is not difficult to find that many scholars have focused their research on the period of judicial reform after the twelfth century,and on the original customary law after the Norman conquest.In particular,Anglo-Saxon customary law has not made an important understanding,but this does not deny that early habits play an important role in common law.As Maitland once pointed out in his interpretation of history,"the development of common law itself is more like a process in which customary law is constantly organized and aggregated.”[equity itself is the result of Wang Quans intervention in the common law.See:Maitland F W.Equity,also the Forms of Action at Common Law.Edited by Chaytor A H.,Whittaker W J.Cambridge University Press,1909.Chapter in the study of the generation of common law,many scholars have seen Henry IIs radical reform of the judicial system without considering the role of early habits and customary law itself.Of course,the early customs and customary law as the native law of England,the representation of culture also played a vital role in the development of English common law in the Middle Ages.There are many opinions on whether custom is the inheriting relationship which is the inevitable basis of the evolution of the common law,or the ingenious combination of the elements and the law in favor of the King of England,the Duke of Norman.Thus,this paper focuses on customary law itself,focusing on its status and role in the evolution of common law.
Keywords/Search Tags:Norman Conquest, customary Law, Common Law
PDF Full Text Request
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