- Thread starter
- #41
Readie
Chief Master Sergeant
history of law English Common Law
http://labspace.open.ac.uk/mod/resource/view.php?id=415819
These make an interesting read.
In 1154, Henry II institutionalised common law by creating a unified court system 'common' to the country through incorporating and elevating local custom to the national level, ending local control, eliminating arbitrary remedies, and reinstating a jury system of citizens sworn on oath to investigate criminal accusations and civil claims. Judges of the realm went on regular journeys throughout the country bringing the King's justice to every citizen. Their aim was that there should be a common system of law throughout the land, hence the laws became known as the common law. The travelling judges formed a nucleus of judges with national jurisdiction who had no local roots. They were thus much less susceptible to the corruption which had spoilt a similar attempt earlier in the twelfth century in which the royal judges had actually been based in the local communities. It was under Henry II that judges were for the first time sent on 'circuits', hearing pleas in the major places they visited and taking over the work of the local courts. In time the decisions of the judges were written down. As the decisions of these courts came to be recorded and published, so the practice developed where past decisions (precedents) would be cited in argument before the courts and would be regarded as being of persuasive authority.
These practices developed into the common law of England.
Muslim laws? Not on your nelly.
Cheers
John
http://labspace.open.ac.uk/mod/resource/view.php?id=415819
These make an interesting read.
In 1154, Henry II institutionalised common law by creating a unified court system 'common' to the country through incorporating and elevating local custom to the national level, ending local control, eliminating arbitrary remedies, and reinstating a jury system of citizens sworn on oath to investigate criminal accusations and civil claims. Judges of the realm went on regular journeys throughout the country bringing the King's justice to every citizen. Their aim was that there should be a common system of law throughout the land, hence the laws became known as the common law. The travelling judges formed a nucleus of judges with national jurisdiction who had no local roots. They were thus much less susceptible to the corruption which had spoilt a similar attempt earlier in the twelfth century in which the royal judges had actually been based in the local communities. It was under Henry II that judges were for the first time sent on 'circuits', hearing pleas in the major places they visited and taking over the work of the local courts. In time the decisions of the judges were written down. As the decisions of these courts came to be recorded and published, so the practice developed where past decisions (precedents) would be cited in argument before the courts and would be regarded as being of persuasive authority.
These practices developed into the common law of England.
Muslim laws? Not on your nelly.
Cheers
John
