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On A Shift Of Judicial Power In Medieval British

Posted on:2016-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhaoFull Text:PDF
GTID:2295330470464784Subject:World History
Abstract/Summary:PDF Full Text Request
Legal system is an important symbol of a nation’s political civilization.Nowadays, in the development process of judicial system of all the countries, the Britain, as an early modern civilized country, plays an important role in the judicial system. And its judicial system, which also plays so incomparable role in the country system and the history of the legal development, that the status and effect of other countries’ judicial system can not be compared with. The reason why the Britain chose the unique judicial path may be the special historical environment which it has experienced in the Middle Ages.The British judicial power is a kind of social power in the age of Anglo – Saxon.The ownership of judicial power was possessed by those British people, which also can be called as the "public justice". By reason of that the judicial power is a kind of negative state power in the early Middle Ages, the thing it has to do should follow the principle of "what due to the need" and "what should have to". That is to say, only when there is a legal disputes or received the formal request of the parties, and need to make clear cutting, the judicial system is up and running. After the Norman Conquest,William I wanted his crown of tentacles extend all aspects of the society, he gradually has taken some measures to focus the judicial power step by step from the local to the central. In this way, the Common Law and Equity Law would arise at that moment.However, because of the special influence of the democratic legacy which is created by the historical environment, the king could not manipulate as he wanted. Therefore,a number of legal professional knowledge with the judge has become the king’s agents.And British judicial mode gradually turned to "judge justice”. The author tries to discuss the background of the English legal development of how people justice of British judicial power in Anglo- Saxon times has turned into judge’s judicial in Middle Ages step by step.For judicial power itself, it is not only to teach people how to use the legal knowledge and solve the various contradictions in social life, but also more dedicated to constructing a more reasonable political situation. So, this article also attempts to analyze the Medieval Britain judicial power in the process of the transformation of the British monarchy, the influence of the citizens and the rule of law civilization.
Keywords/Search Tags:Jurisdiction, Shift, People justice, Judge’s judicial, law-civilization
PDF Full Text Request
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