|
History Of English Law
History of English law is the history of the legal system and laws of England. Coverage of the history of English law is provided by: * Fundamental Laws of England * History of English land law * History of English contract law * History of English criminal law * History of trial by jury in England * History of the courts of England and Wales See also * Anglo-Saxon law * ''Commentaries on the Laws of England'' (book) 1765, by Sir William Blackstone * Common law * English parliamentary history * ''Institutes of the Lawes of England The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cit ...'' (book) 1628, by Sir Edward Coke {{SIA CATEGORY: Legal history of England ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History
History is the systematic study of the past, focusing primarily on the Human history, human past. As an academic discipline, it analyses and interprets evidence to construct narratives about what happened and explain why it happened. Some theorists categorize history as a social science, while others see it as part of the humanities or consider it a hybrid discipline. Similar debates surround the purpose of history—for example, whether its main aim is theoretical, to uncover the truth, or practical, to learn lessons from the past. In a more general sense, the term ''history'' refers not to an academic field but to the past itself, times in the past, or to individual texts about the past. Historical research relies on Primary source, primary and secondary sources to reconstruct past events and validate interpretations. Source criticism is used to evaluate these sources, assessing their authenticity, content, and reliability. Historians strive to integrate the perspectives o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal System
A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is the subject matter of comparative law, while the definition of legal systems in the abstract has been largely the domain of legal philosophy. Although scholarship has largely focused on national legal systems, many other distinct legal systems exist; for example, in Canada, in addition to the Canadian legal system there are numerous Canadian Indigenous law, Indigenous legal systems. The term "legal system" is often used to refer specifically to the laws of a particular nation state. Some countries have a single legal system, while others may have multiple overlapping legal systems arising from distinct sources of sovereign authority, as is often the case in federal states. In addition, different groups within a country are sometimes subject ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It shares Anglo-Scottish border, a land border with Scotland to the north and England–Wales border, another land border with Wales to the west, and is otherwise surrounded by the North Sea to the east, the English Channel to the south, the Celtic Sea to the south-west, and the Irish Sea to the west. Continental Europe lies to the south-east, and Ireland to the west. At the 2021 United Kingdom census, 2021 census, the population was 56,490,048. London is both List of urban areas in the United Kingdom, the largest city and the Capital city, capital. The area now called England was first inhabited by modern humans during the Upper Paleolithic. It takes its name from the Angles (tribe), Angles, a Germanic peoples, Germanic tribe who settled du ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fundamental Laws Of England
In the 1760s William Blackstone described the Fundamental Laws of England in '' Commentaries on the Laws of England, Book the First – Chapter the First : Of the Absolute Rights of Individuals'' as "the absolute rights of every Englishman" and traced their basis and evolution as follows: *''Magna Carta'' between King John and his barons in 1215 *confirmation of ''Magna Carta'' by King Henry III to Parliament in 1216, 1217 and 1225 *''Confirmatio Cartarum'' ( Confirmation of Charters) 1253 *a multitude of subsequent corroborating statutes, from King Edward I to King Henry IV *the Petition of Right, a parliamentary declaration in 1628 of the liberties of the people, assented to by King Charles I *more concessions made by King Charles I to his Parliament *many laws, particularly the Habeas Corpus Act 1679, passed under King Charles II *the Bill of Rights 1689 assented to by King William III and Queen Mary II *the Act of Settlement 1701 Blackstone's list was an 18th-centu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of English Land Law
The history of English land law can be traced back to Roman times. Throughout the Early Middle Ages, where England came under rule of sub-Roman Britain, post-Roman chieftains and Anglo-Saxon royal genealogies, Anglo-Saxon monarchs, land was the dominant source of personal wealth. English land law transformed further from the Anglo-Saxon days, particularly during the post-Norman Invasion feudal encastellation and the Industrial Revolution. As the political power of the Landed gentry, landed aristocracy diminished and modern legislation increasingly made land a social form of wealth, subject to extensive social regulation such as for housing, national parks and agriculture. Roman law The division into real and personal is coincident to a great extent with that into immovable and movable, generally used by systems of law founded on the Roman (see Personal Property.) That it is not entirely coincident is due to the influence of the Roman Law, Roman law itself. The Greeks and the Anc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of English Contract Law
The history of English contract law traces back to its roots in civil law, the lex mercatoria and the Industrial Revolution. Modern English contract law is composed primarily of case law decided by the English courts following the Judicature Acts and supplemented by statutory reform. However, a significant number of legal principles were inherited from recording decisions reaching back to the aftermath of the Norman Invasion. Civil law *Plato, ''The Laws'' *Roman law and ''pacta sunt servanda'' *Corpus Juris Civilis Norman England *Common law *Courts of Chancery *Forms of action The Lex Mercatoria's reception * - Assumpsit * - Assumption of responsibility *Sir Edward Coke *Lex mercatoria and the Hanseatic League *Sir John Holt (Chief Justice 1689 to 1710) and Lord Mansfield *William Blackstone, ''Commentaries on the Laws of England'' *Jeremy Bentham Freedom of contract *''Laissez faire'' *Faust and Christopher Marlowe, '' The Tragicall History of the Life and Death of Doctor Fa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of English Criminal Law
The first signs of the modern distinction between criminal and civil proceedings were during the Norman conquest of England in 1066. The earliest criminal trials had very little, if any, settled law to apply. However, the civil delictual law was highly developed and consistent in its operation (except where the king wanted to raise money by selling a new form of writ). A local lord of the manor (or family) could hold their servants and tenants responsible in a manorial court and was among wealthy people who could more easily enlist the help of a county or city bailiff, posse comitatus if one existed and the justices of the peace. The sheriff was the often-armed representative of the king in a city, town or shire, responsible for collecting taxes and enforcing his laws. The church could hold ecclesiastical courts to resolve offences in its canon law and on its narrow territorial jurisdiction. Justice for crimes sought in older forums and by private prosecution declined—i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of Trial By Jury In England
The history of trial by jury in England is influential because many English and later British colonies adopted the English common law system in which trial by jury plays an important part. Anglo-Saxon England According to George Macaulay Trevelyan in ''A Shortened History of England'' (1958), during the Viking occupation: The English king Æthelred the Unready issued a legal code at Wantage, which states that the twelve leading thegns (minor nobles) of each wapentake (a small district) were required to swear that they would investigate crimes without bias. These 'juries' differed from the present-day kind by being self-informing; instead of getting information through a trial, the jurors were required to investigate the case themselves. Later Middle Ages In the 12th century, Henry II took a major step in developing the jury system. Henry set up a system to resolve land disputes using juries. A jury of twelve free men were assigned to arbitrate in these disputes. Un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of The Courts Of England And Wales
Certain former courts of England and Wales have been abolished or merged into or with other courts, and certain other courts of England and Wales have fallen into disuse. For just under 600 years, from the time of the Norman Conquest until 1642, French was the language of the courts, rather than English. Until the twentieth century, many legal terms were still expressed in Latin. Higher civil court system Middle Ages The royal court originated within the ''Curia Regis'', which began during the twelfth and thirteenth centuries during the reign of Henry Plantagenet. Henry II made writs available for purchase by private individuals seeking justice, thus initiating a vast expansion of writs within the common law. The increased demand of judicial maters before the ''Curia Regis'' in the twelfth century led to the establishment of two central courts: the Court of King's Bench and the Court of Common Pleas. These courts became the superior courts to all other courts in England, incl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anglo-Saxon Law
Anglo-Saxon law (, later ; , ) was the legal system of Anglo-Saxon England from the 6th century until the Norman Conquest of 1066. It was a form of Germanic law based on unwritten custom known as folk-right and on written laws enacted by History of monarchy in the United Kingdom#Anglo-Saxon period (800s–1066), kings with the advice of their witan or council. By the later Anglo-Saxon period, a system of courts had developed to administer the law, while enforcement was the responsibility of ealdormen and royal officials such as sheriffs, in addition to self-policing () by local communities. Originally, each Anglo-Saxon kingdom had its own laws. As a result of Viking invasions and settlement, the Danelaw followed Medieval Scandinavian law, Scandinavian laws. In the 10th century, a unified Kingdom of England was created with a single Anglo-Saxon government; however, different regions continued to follow their customary legal systems. The last Anglo-Saxon law codes were enacted i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commentaries On The Laws Of England
The ''Commentaries on the Laws of England'' (commonly, but informally known as ''Blackstone's Commentaries'') are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford between 1765 and 1769. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The ''Commentaries'' were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The ''Commentaries'' were influential largely because they were in fact readable, and becau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
