试述英格兰法律职业共同体的“普通法心智”观念

On the Thought of "Common Law Mind" of the England Legal Professional Community

"普通法心智"是英格兰法律职业共同体在长期的司法实践活动中形成的,旨在说明普通法来源于古老习惯并经长期研习、实践而不断发展的观念。从布拉克顿开始,不同时期的普通法学家对这一观念进行了丰富。它在强调普通法来源的历史久远性与理性的经验积累性的同时,在内在逻辑上暗含了限制权力的宪政观念。

＂Common law mind＂ was formed in the long-term judicial practice by the England legal professional community. It aimed to illustrate that the common law evolved from old customs and developed in the process of long-term research and practice. Bracton and his successors, i. e. , many common law jurists in different periods have made efforts to enrich this thought. It emphasizes that the common law has a trait of immemorial history in source and accumulated experience in reason, and meanwhile it implies constitution concept which claim for power restriction in intrinsic logic.