《大宪章》渊源:罗马法还是蛮族习惯法

Sources of Magna Carta:Roman Law or Barbarian Customary Law

近年来学者不断争论英国法和共同法对《大宪章》的影响。《大宪章》小部分章节受共同法的影响,其中受教会法影响的章节较为明显,只有少量章节能明确推知源自罗马法。《大宪章》的主要渊源是盎格鲁ˉ撒克逊时期发展而来的英国法,《大宪章》宣示、继受和发展了初步形成的普通法,是普通法的核心文献,并在之后成为英国制定法的基础性文件。

In recent years, scholars have been arguing about the influence of English law and ius commune on Magna Carta. In general terms, a small part of the Magna Carta is influenced by the ius commune, among whom influenced by the ecclesiastical law is more obvious, and only a few chapters can be inferred from the Roman law. The main source of Magna Carta is the English law developed in the Anglo-Saxon period. Magna Carta declared, succeeded and developed the initially formed common law, was the core document of the common law, and later became the foundational document of English Statues.