Traditional Culture Encyclopedia - Traditional culture - Test the formation of the tradition of the common law rule of law

Test the formation of the tradition of the common law rule of law

(1) Anglo-Saxon law: England was controlled by the Anglo-Saxons from the 5th century to 1066 A.D. Most of the laws in force at that time were customary laws, which had little influence on English law.

(2) The origin of common law: after the Norman dukes conquered England in 1066, they implemented the land division system and the centralized power system in order to consolidate their rule. One of the important institutions of centralized rule was the Royal Council. This institution was a deliberative body attended by the king's close friends, bishops and nobles. It mainly assisted the king in dealing with legislative, administrative and judicial affairs. Later, the institutions dealing with judicial affairs gradually became independent, and by the time of Henry III, the Praetorian Council had established three royal high courts, namely the Court of Finance, the Court of Common Pleas and the Court of the Throne, to deal with major cases directly involving the interests of the royal family. Since the Normans had not previously had laws of their own, it was through the judgments of these courts that their laws were formed, i.e. case law. These judgments were binding on the decisions of the local courts. As the jurisdiction and influence of the royal courts expanded. Their jurisprudence then formed a significant influence on the law of the country. The case law of the Crown Court is the common law that applies in England. It is primarily speaking to the customary law of each place. In the time following the emergence of the Crown Court, there was a co-existence of the Crown Court with the Magistrates' Courts and the Ecclesiastical Courts. The Magistrates' Courts (including County Courts and Whitehall Courts) applied mainly customary law, and the Ecclesiastical Courts applied mainly ecclesiastical law, with jurisdiction mainly over marriage, family, inheritance, and adultery. Conflicts between the three were inevitable. And the Crown Court extends its influence by issuing commencement of action orders. The so-called writ of commencement meant that the plaintiff could request the king to do justice, and then issue a writ through the king's ministers, the contents of which required the sheriff of each county to be responsible for ordering the defendant to fulfill the plaintiff's request or to be tried in the royal court.