Font Size: a A A

A Study On The Judicial System In England In The Reign Of Henry ?

Posted on:2020-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:S F YuFull Text:PDF
GTID:2416330596480480Subject:Legal history
Abstract/Summary:PDF Full Text Request
Britain is the first in the world to the civilized country judicial governance,the spontaneous judicial governance occupies the pivotal position in the entire country and the legal development course,benefit from the continuity of the judicial governance,the British legal system has became a system in its own right,and for many countries today,both continental law countries and common law countries are more or less the basic legal system to draw lessons from the British legal system,and even a direct transplant of its legal system.Tracing the source,the British legal system construction should arguably after Norman conquest,especially after Henry ?I's judicial reforms,modern scholars generally believed that the judicial reform of Henry ?I can be said to be the common law formed a pioneering period,also is the British national governance mode of kingship governance toward judicial governance cut-off or common law governance.However,the author believes that this transformation has already begun in Henry ?'s time,but it was interrupted by Stephen's political disorder later.The judicial reform in Henry ?I's time is an inheritance and development of the legal system construction in Henry ?'s time,Many of his reforms could be traced back to Henry ?.The Leges Henrici Primi is a compilation of laws applicable during the reign of Henry ? which compiled in the 12 th century,through the collation of the L.J.Downer later,we can have a clearer understanding of the legal application of Henry ?,and we can see that in a particular historical context,this work has a strong Anglo-Saxon common law color,and also under the influence of Church law and Roman law,through the grasp of its specific provisions,we can see many remnants of the Anglo-Saxon social democracy in it,the most important thing is that under many laws we can see the shadow of the royal power,in a manner of speaking,the whole book is a description of the reign of Henry ? as well as some judicial systems.At the same time,from the Leges Henrici Primi,whether about the convening of the court,judicial jurisdiction,criminal law and the relevant provisions of the court proceedings,or on the basis of the summary of the judicial characteristics of Henry ?,Henry ? strengthened the royal power with the help of the judicial means while carrying out the construction of the judicial system,and this should be the main purpose of his judicial system construction,but we can't dismiss the whole legal system of Henry ?,in that special period in the middle ages,it was a great progress for Henry ? to use the construction of legal system to replace the means of administrativelegislation.In addition,we can also see that,although the construction of the legal system in Henry ?'s period was mainly to strengthen the royal rule,it also objectively promoted the development of the legal system,during this period,we can see the early defense agency system,circuit trial system and jury system began to form and get some development.Moreover,the construction of legal system in this period had a profound influence on the judicial reform of Henry ?I and the formation and development of the common law.
Keywords/Search Tags:Henry ?, Leges Henrici Primi, Justice, Judicial System
PDF Full Text Request
Related items