习惯法到普通法:中世纪后期英国法律制度的演化路径

From Customary Law to Common Law:the Evolutionary Path of English Legal System in the Later Medieval Period

诺曼征服后英国的社会状况发生重大变化,随之法律制度的变革也是巨大的。原来的盎格鲁-撒克逊习惯法融入了诺曼法因素,形成盎格鲁-诺曼法,庄园习惯法也逐渐成为一个独立的法律体系,这些习惯法通过被选择、确认和改造成为普通法的重要内容。王室的系列司法改革直接促进了习惯法到普通法的华丽转身,王室司法机构使习惯法施行于全英国时,习惯法升级为适用于整个英格兰的普通法。

England’s social conditions had changed much after Norman Conquest,with which the legal system had changed much too.Original customary law of AngloSaxon were integrated into the Norman law factors,formed the Anglo-Norman law.The estate common law also gradually became an independent legal system,and the estate common law became an important part of the common law through the selection,confirmation and transformation.This series of royal judicial reform directly promoted the customary law to common law garishly.The royal judicial institutions make common law enforcement across the UK,and customary law upgraded to apply to the whole common law of England.