| The 16 th and 17 th centuries marked a significant transitional period in Britain,as the country moved from the Middle Ages to modern times.During this time,there was a rise of modern industry and commerce,which led to the development of a capitalist economy.Additionally,urbanization increased and a unified national market was formed.Under the Tudor Dynasty’s rule,bureaucratic systems were established that strengthened centralization and freed Britain from Roman Catholic Church control through Reformation.This move towards independence made Britain an independent nation-state.However,during later periods under Tudor rule,authoritarianism continued to grow stronger with absolute monarchy reaching its peak.James I proposed theories such as unlimited monarchy and the “divine right of kings” which broke down the balance between monarchy and freedom by detaching it from reality.As a result,the traditional common law system became disordered due to its lack of certainty and inability to adapt to changing social needs,ultimately leading it into a crisis over Reception of Roman Law.Edward Coke was a lawyer,Attorney-General,Lord Chancellor and Member of Parliament,but his career was marked by a number of ups and downs when he offended the King.In an effort to address the crisis facing traditional English law,he wrote Reports on Jurisprudence and Institutes of the Laws of England,which attempted to reinterpret the common law in a technically rational way.The resulting jurisprudence style became known as the Reports which contained numerous classic cases.In the law textbook titled Institutes of the Laws of England,Coke provided commentary on Littleton’s book Tenure and also discussed topics such as English statutes,criminal law,and the jurisdiction of Parliament and courts.Coke’s contributions extended beyond legal theory into practical applications within court cases.For example,in the case of Prohibitions del Roy,he argued that judges must possess reasonable skills to hear cases and the legal profession shall hold a unique position.He also set boundaries for parliamentary action in Dr.Bonham’s Case by finding that parliamentary enactments were not binding if they contradicted common law.In the Hayden’s case,Coke established the Mischief Rule,which provided that judges could interpret statute law in accordance with legislative intent.In the Semayne’s Case,Coke established the law of the castle,which allowed citizens to defend their homes against the executive magistrate.In the Sir Anthony Roper’s Case,Coke used a great deal of legalese derived from the legal practice of the common law professional community.By examining the origins and meaning of artificial reason in Commentary upon Littleton,it can be inferred that the term artificial reason refers to the collective wisdom of legal professionals throughout history.This knowledge is acquired through extensive study and practice,resulting in a unique form of rationality specific to legal experts.It encompasses six defining characteristics.Firstly,artificial reason was pragmatic,and the second important dimension of artificial reason is the public mission.Thirdly,artificial reason was a contextual competence.Fourthly,artificial reason was non-systematic.Fifthly,the artificial reason of common law was thought of as essentially discursive.Finally,the reason of common law was regarded as common or shared.Artificial reason emerged due to the historical nature of law and was developed by legal professionals such as judges and lawyers who reflected on legal history.It is deeply rooted in Britain’s spontaneous social order.Coke introduced this idea during a time of significant social change,which influenced the Common Law Mind.This redefined the meaning of common law while also addressing problems caused by Roman law’s influence on traditional British legal systems. |
