THE ENGLISH LEGAL SYSTEM.

The English Legal System

The English Legal System

History of English Law

In the study of English law the knowledge of history is even more necessary than in the study of French law. English law did not know, as we shall see, any updates on the basis of Roman law, nor by the Codification, which is typical of French law and other legal systems of the Romano-Germanic legal family. It has developed an autonomous way, contact with the European continent have had a little impact. (Blackstone, 2005, 25) English jurist, downplaying the importance of continuity in the development of European legal systems, and erroneously treating codification as a break with tradition, likes to emphasize the historical continuity of their rights. The product of long evolution, which is not complicated by any revolutionary upheaval, and he is proud of this fact, and not without reason, sees it as a proof of great wisdom of the common law, its ability to adapt to changing conditions, its continuing value as well as evidence similar qualities of British lawyers and even the British. (Christenson, 2001, 14)

In the history of English law can be divided into four main periods. The first period was preceded by the Norman Conquest in 1066, the second from 1066 until the establishment of the Tudor dynasty (1485) - period of the common law when it argues against the force of local custom. “Fourth period - from 1832 to the present day - when the common law has met with unprecedented development of legislation and should be adapted to a society where constantly increasing the value of public administration.

Division I. Anglo-Saxon period

Laws of the Barbarians, there is a date which is fundamental in the history of English law, as in the history of England itself and Europe - is in 1066 when England was conquered by the Normans. Period prior to that date in England is called the period of Anglo-Saxon law. Roman domination, although it lasted in England four centuries - from the emperor Claudius before V century - left in England no more trace than the Celtic period in France or the Iberian period in Spain. (Trevelyan, 2002, 95)

For historians of English law legal history begins with the era when the Roman dominion ended, and various Germanic tribes - Saxons, Angles, Jutes, Danes - prevailed in England. Before the Norman Conquest there was no law, common to all England.

Section II. Formation of common-law (1066 - 1485)

Norman Conquest (1066) in itself, the Norman Conquest did not change the status quo. William the Conqueror (as unfortunate it is called) claim to supremacy in England on the basis of hereditary titles, and not by the right of a conqueror. It is specifically stated on the preservation of the common law, and we see that to this day the British lawyers and judges in several cases mentioned, and even apply a law of Anglo-Saxon era.

However, the Norman Conquest - a serious event in the history of English law, as ...