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The Norman Conquest In The History Of English Law

Posted on:2021-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2416330647454025Subject:Legal history
Abstract/Summary:PDF Full Text Request
The Norman Conquest of 1066 was undoubtedly a turning point in the history of England,both old and new.The Norman Conquest has become a precious historical legacy that scholars from all over the world have been digging for because of its profound influence on British society,law,military affairs,language and other aspects.There is considerable debate in the Western academic circles about whether the Norman conquest really had a decisive influence on British law,but William ' s continuous expansion of the royal power after he entered England is an undeniable truth.This essay,with the historical background of the Norman Conquest as a starting point,chronologically,starts from the two lines of common law and feudalism,then sorts out and constructs the main views of the Norman Conquest of scholars from the Middle Ages to the 20 th century on the Norman Conquest The context of history provides a more comprehensive understanding of the Norman Conquest.In addition to the study of academic opinions of scholars,it will also try to show their research approach to the problem of Norman conquest and the relationship or opposition between them,then explore the deeper reasons behind it.The introduction part is the source of the problem in this article and the analysis of the current research situation of the issues in the academic circles.For the study of an academic history,it is extremely necessary to sort out and analyze the current state of domestic and international research on the academic history of Norman conquestand English law in the academic world.The discussion of the Norman conquest in the discourse of legal history in the academic world is always in a scattered and single situation:As for historians,the historical fact of the Norman conquest is just a fragment of the beginning of the long history of Britain;As far as legal historians are concerned,Norman Conquest is just an important segment in the vast history of English law.Only by collecting as much as possible the discussion of representative scholars throughout the ages on the impact of the Norman Conquest on the British Law,can the status and changes of the Norman Conquest issue in the history of British law be more revealed,thus A more comprehensive and objective understanding of the Norman Conquest.The first chapter "Norman Conquest as a Historical Event" is the basis of this article.The recognition of the historical event of Norman conquest will affect the attitude of ordinary people and scholars towards Norman conquest.This part will start with William's expansion of the king's power,analyze William's ideological,economic,military,and political aspects of the step by step expansion of the king's power,and further explore William's expansion of the king's influence on the formation of common law.Chapter 2 focuses on the discussion of Norman conquest by scholars in the 17 th and 18 th centuries.The focus of the discussion of "Norman Conquest" by legal historians during this period is mainly about its relationship with the common law.This part will encounter the writing of the legal history of the Norman Conquest by scholars in the 17 th and 18 th centuries.The core content in this chapter is the dialogue and discuss between scholars in the context of ancient constitution and feudal law.The third chapter focuses on Maitland's pioneers and the 19 th century Maitland's attitude towards Norman conquestin 19 th.Maitland had done a lot of research on the Norman conquest in the history of English law,and the domestic academic community basically understands the problem of Norman conquest from this;in addition,to explore Maitland's source of problem awareness,that is,before him Which other scholars had discussed Norman Conquest is also extremely necessary,which is also what the current academic community needs to explore.The fourth chapter focuses on the "controversy" of scholars from the late 19 th century to the middle of the 20 th century about the Norman origin of the British feudal system.This controversy began with the assertion of Round,and later was questioned by many scholars,and then to the maintenance and response to questioning of Brown in the 20 th century.Their controversy led Norman Conquest to enter academic debate from a new perspective.The final conclusion will be based on the above discussion,research and thinking about why the Norman conquest can arouse heated discussion among many scholars.It is precisely because of its status and influence on English law that scholars have different attitudes.It is said that the generation of these attitudes is inseparable from the educational background and historical background at the time.This article will explore and summarize it from the perspectives of time background,doctrine genealogy,historical view and methodology in this part.Disenchantment or publicity is all that matters.The status of the Norman Conquest in the history of English law needs to be returned to the Birtish fact after the Norman Conquest.Otherwise,scholars ' theories are like " rootless wood,water without a source." Neither should this problem of Norman conquest in the history of law be ignored,nor be limited to the words of one family.In general,as far as English law is concerned,the role Norman Conquest has played,as the name suggests,is a "mythical" conquest,or is it just a "superstition" of future generations? This issue has been divided in the British legal history field.Although it is difficult to "hundreds of opinipns",it is worth trying to sort out this "change of ancient and modern times" for the current academic circles to show the academic history of Norman conquest in the history of English law.
Keywords/Search Tags:Norman conquest, Common Law, Feudalism
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