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Modern law in English-influenced Judiciaries

Modern law in English-influenced judiciaries stems from a variety of sources. It is a not a "pure" tradition, deriving as it does from legal definitions both pre-defined and defined only by accepted conventions. Two key factors in the modern, English-based equation are "common law" and a trial-by-"peer" jury process. The roots of both these factors can be found in the medieval manorial court of feudal Norman England.

Two great systems of law dominate the Western world: civil law and common law. Civil law is descended from the codified laws of the Roman Empire; it is used by most European countries. Common law, by contrast, is not embodied in a text or code. Rather, in England - and, by heritage, the United States, United Kingdom and Commonwealth descendants of English judicial tradition - common law grew from the "manorial court" system of the Middle Ages and evolved case after case in court decisions. Although now sharing equal status with civil law in the Anglo-oriented judicial systems, common law is based upon relational experience and precedent. Historically, the common law judge of medieval England did not consult an official text before rendering his judgement, but drew instead upon precedents established by other court decisions. Jurists eventually wrote learned commentaries on the common law. Although these commanded the respect of the legal profession, they did not constitute law and judges were not compelled to follow them when deciding cases. Common law developed in England after the introduction of Norman feudalism following the Conquest in 1066. In the Norman tradition of feudalism, the monarch was the supreme landlord - all title to real property ultimately traced back to the crown of William I and his descendants. The king made land grants to the great lords; they in turn made grants to their own retainers, or vassals. Each grant created certain obligations for both landlord and tenant: private cour...

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Modern law in English-influenced Judiciaries. (1969, December 31). In LotsofEssays.com. Retrieved 06:30, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1690377.html