Members
Login
Sign Up!!!
Categories
Arts
Business
Custom Research
Economics
Film
Foreign
Government and Law
History
Literature
Medical
Miscellaneous
People
Personal Essays
Philosophy
Psychology
Science and Technology

Support
FAQ
Customer Service
Site Search

     Home Customer Service Acceptable Use Policy Site Search

     Enter Search Topic:
 

Already a member? Go here to log in and view the entire paper!

Join Now!
by: Credit Card
Join Now!
by: Online Check
Membership Benefits

Modern law in English-influenced Judiciaries

This is an excerpt from the paper...

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

. . .
ng dependency of the peasantry (Hone 3-13). By the time of the Norman Conquest, the basic structures of feudalism and manorialism were already in place in England. The organizational codification of William I in the Domesday Book census (1085-86 A.D.) established both firmly by erasing whatever egalitarian tendencies the displaced Anglo-Saxon structure had exhibited. Without equal as a public record in medieval Europe, Domesday surveyed the taxable potential of lands held by the king and of those allotted to his tenants-in-chief. It legitimized the changes imposed upon England by the Norman conquerors and provided the monarchy a detailed account of the financial resources, feudal and manorial, that the crown could exploit in the future (Lyon 54-55, Raftis 19-21). As practiced in England, then, in the classic manor the usable land was divided into the "demesne," the arable, and the meadow lands. The demesne was the land retained by the lord for his own use; arable land was parcelled out to the peasants, or tenants, whose right to the land was known as "tenure;" the meadow lands (aka "common lands") were generally used for grazing livestock and were available to all the tenants. Tenants rights to the arable land were usuall
. . .

Some common words found in the essay are:
England Norman, Middle Ages, Industrial Age, Note Norman, Dark Ages, Black Death, , Roman Empire, Domesday Book, Norman England, manorial court, common law, manor lord, manorial court system, court system, middle ages, labor obligations, civil law, land grants, practiced england, 4th century,
Approximate Word count = 2237
Approximate Pages = 9 (250 words per page)

Membership Benefits
Click here to Join Now!
by: Credit Card
Click here to Join Now!
by: Online Check






to Over 32,000 Professionally Written Papers!!!
 


All papers are for research and reference purposes only!
Copyright © 2009 LotsOfEssays.com
All rights reserved. Webmasters make $$$ NEW