Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Source of English law
Source of English law
Development of the Common Law
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Source of English law
A History of English Common Law
The origin of English Common in the 12th century was sparked by the death of King Henry I in 1135. The nephew of Henry I was Stephen, and he was acknowledged to be the rightful king, but the magnates and such had sworn loyalty to Henry’s daughter, Matilda. The entire reign of Stephen, which lasted from 1135 to 1154, was spent fighting with Matilda and her French husband. Upon Stephen’s death the son of Matilda, Henry II, became king in 1154. It was from here on that the King started to take noticeable interest in the dealings of the court system, and put in to place a royal system instead of allowing the lords to deal with all matters in feudal courts.1 According to F. W. Maitland,
…The reign of Henry II is of supreme importance in the history of our law, and its importance is due to the action of the central power, to reforms ordained by the king. …He was forever busy with new devices for enforcing the law.
The term “common” is used because the laws established are just that, common to every jurisdiction and administered through a central court.2 When Innocent III ruled, the term was used in the church as well as in the royal courts to distinguish ordinary law from the law applicable to particular provincial churches.3 The term “common” also stems from the fact that the law was “characterized by processes of categorization and routinization, in particular the routine royal treatment of a wide range of cases.”4
Arthur Hogue sums up the common law by using two opposite views. What the common law is not, and what it is. He says
The common law is not a written code. …the principles of common law have always eluded complete embodiment in any code or collection of writings. Judicial decision recorded on the plea rolls of the common-law courts, declaratory statures, and learned treatises on the common law may all express the principles of the common law, but these writings never comprise its totality.5
Another rule that does not apply to the common law is that the common law does not apply to a single group, for example the church. Therefore it is unlike the canon law. Third, the common law is not local custom for everyone, and it is not identified along with the rules of any of the local courts. Specialized rules are not part of common law. Rogue goes on to explain what the common law is by using five simple explanati...
... middle of paper ...
...f Stare Decisis is still intact however, and every case is not considered solely on the rules in the books.30 Judge Baron Parke stated the modern theory of case law:
Our Common Law system consists in the applying to new combinations of circumstances those rules of law which we derive from legal principles and judicial precedents; and for the sake of attaining uniformity, consistency, and certainty, we mush apply those rules, where they are not plainly unreasonable and inconvenient, to all cases which arise; and we are not at liberty to reject them, and to abandon all analogy to them, in those to which they have not yet been judicially applied, because we think that the rules are not as convenient and reasonable as we ourselves could have devised. It appears to me to be of great importance to keep this principle of decision steadily in view, not merely for the determination of the particular case, but for the interests of law as a science.31
In conclusion, the common law of England went through many barriers to officially be
the legal system, and as it developed it worked out its own kinks, only to be threatened by war and economic troubles, and finally by the monarch himself.
would change became reality. This was a threat to the power of the king. The different
Case law/Common law – body of law developed over time by higher courts. Laws are c...
This has been the worst nuclear disaster the whole world has ever witnessed. The explosion at Chernobyl and its harmful effects on public health and to nature could have been avoided, but instead were made possible because of a political system that cultivated secrets and that did not judge useful to prioritize the development of enforceable safety methods to adapt to the operation of nuclear reactors. The long-term effects to humans affected by the radiation of the disaster have not been able to determine with exactitude, not even after more than twenty years. There are many more negative consequences expected to those people affected and people living in those areas where radiation still is present.
 Parliament-English lawmaking and rep. Body. Parliament grew in power because monarchs need money-this idea was that of limiting power within gov’t through three branches
I. (Gain Attention and Interest): March 11, 2011. 2:45 pm. Operations at the Fukushima Daiichi Nuclear Power Plant continued as usual. At 2:46 pm a massive 9.0 earthquake strikes the island of Japan. All nuclear reactors on the island shut down automatically as a response to the earthquake. At Fukushima, emergency procedures are automatically enabled to shut down reactors and cool spent nuclear fuel before it melts-down in a catastrophic explosion. The situation seems under control, emergency diesel generators located in the basement of the plant activate and workers breathe a sigh of relief that the reactors are stabilizing. Then 41 minutes later at 3:27 pm the unthinkable occurs. As workers monitored the situation from within the plant, citizens from the adjacent town ran from the coastline as a 49 foot tsunami approached. The tsunami came swiftly and flooded the coastline situated Fukushima plant. Emergency generators were destroyed and cooling systems failed. Within hours, a chain of events led to an explosion of reactor 1 of the plant. One by one in the subsequent days reactors 2, and 3 suffered similar fates as explosions destroyed containment cases and the structures surrounding the reactors (Fukushima Accident). Intense amount...
the Catholic Church, King John 's behavior towards the barons and lastly, England 's legal
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
-Common Law: the “law of the land”(Pool 127), which was built up over many centuries
In the 15th century, after the creation of common law, it became usual that litigants who thought that they had been cheated by the common would ask to see the King in person, they felt cheated for different reasons but the most common ones where due to the use of juries, who could be intimidated or corrupted and that the Court only had one remedy which was damages and it was often inadequate, they paid too much attention to formalities did not recognise the trust, among others, being the repudiation to this sort of cases the start of the system of equity.
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
In de antwoorden van deze deelvragen zal dus duidelijk worden wat de oorzaak nou eigenlijk is van het onnodige geweld in het amateurvoetbal en wat er tegen gedaan kan worden.
The meaning of English Legal System is stated out by Cownie and Bradley in the English Legal System book . There are many sources that build up the English Law as it is today. The main sources of English Law consist of Common Law, parliamentary legislation and delegated legislation. As stated in Gary Slapper & David Kelly’s English Legal System book , there are many different interpretations of the phrase ‘source of law’ where in this book the law is made up of three main sources; where in Martin Hunt’s “A” Level Law , though there are different sources that make up the English law, these sources are differentiated in two main categories with various minor sources.
In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order.
Coca-Cola Company is the leading soft drink and beverage company across the globe that has constantly achieved tremendous success and profitability throughout its operations. The company’s success and profitability throughout the years can be attributed to effective management strategies of its business operations. This has contributed to a strong reputation that has not only attracted a huge customer base but also resulted in enhanced performance. The success and profitability can also be attributed to diversification of its products and provision of excellent customer service. However, the company has experienced significant challenges in the recent past that has forced its former executive to
Coca Cola is now available in all the continents of the world and recognized by most of the world's population. In the beverage industry, global Coca Cola has an important role. Asa Griggs Candle had transformed people to the new image of Coca Cola. His success to make the consumers understands “Coke medication” is a delicious fresh drink. In 1886, Coca Cola was first introduced to the public in Atlanta, Georgia and it really attracted the attention of most people, who enjoyed the great aroma and attractiveness of Coke. Later on, Coca Cola soft drink became a global celebrity. Coca Cola was attractive...