History of Common Law

9609 WordsJul 8, 201139 Pages
HISTORY OF COMMON LAW | STATUTORY FRAMEWORK * Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of Man + Channel Isles) ENGLISH LAW = The legal system of England and Wales (“the laws of England and Wales” from 1967). These laws mainly deal with issues of property, theft, inheritance, money… The legal system of England and Wales is the basis of most legal systems in the Commonwealth and the US (except Louisiana). THREE MAJOR LEGAL SYSTEMS IN THE WORLD * Religious law It refers to the notion of a religious system or document being used as a legal source. * Civil law It derives from Roman law traditions. It’s also known as Continental European law. Laws recognized as authoritative are…show more content…
According to historians, English law is the offspring (daughter) of Frankish law (= early text in French + private law + technical terms) * Domesday Book = a great land survey commissioned by William I to assess (value) the extent of the land and resources being owned in England, and the extent of the taxes he could raise. This book also relates the importance of a uniform legal system among people within the territory. Local courts came under the administration of Norman rules. * Laws of Henry I or “Leges Henrici Primi” (≈ 1115) = a legal treatise in England. It lists and explains the laws (how to conduct legal proceedings). Laws were actually issued by earlier monarchs that were still in force in Henry’s reign. It covers a diverse range of subjects: ecclesiastical cases; treason; murder; theft; feud; amounts of judicial fines… * Ranulf de Glanvill > reputed author of a book on English law. It was with his assistance that Henry II completed his famous judicial reforms. HENRY II (1154-89): Separation of the power of church * Changes implemented: Henry II began to send judges from central court (Supreme Court) into local courts in order to limit the jury’s movements at Westminster (kings are dependent of the goodwill of law to maintain power). Henry wanted to diminish the power of the church, so he
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