From the history of british legal system

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From the history of british legal system

Iryna Nikitina

Senior Lecturer at Educational and Scientific Institute of Law and Innovative Education, Dnipropetrovsk State University of Internal Affairs

Tetiana ISHCHENKO

Senior Lecturer at Educational and Scientific Institute of Law and Innovative Education,

Dnipropetrovsk State University of Internal Affairs

As lawyers know, legal systems in countries around the world generally fall into one of two main categories: common law systems and civil law systems. There are roughly 150 countries that have what can be described as primarily civil law systems, whereas there are about 80 common law countries [1].

The main difference between the two systems is that in common law countries, case law -in the form of published judicial opinions -is of primary importance, whereas in civil law systems, codified statutes predominate. But these divisions are not as clear-cut as they might seem.

Common law is a legal system that originated in England and is used in many countries around the world, including the United Kingdom. In Britain, the common law system is based on judicial decisions and precedents, rather than on written laws or statutes.

The common law system in Britain has evolved over many centuries, starting with the Norman Conquest in 1066. It developed from the local customs and practices of different regions and communities, which were gradually unified under the authority of the English monarch and the courts.

The common law system is characterized by the doctrine of precedent, which means that judges must follow the decisions of higher courts in similar cases. This ensures consistency and predictability in the law, as well as allowing for the gradual development of legal principles over time.

Today, common law in Britain is supplemented by statutory law, which is created by Parliament. However, the common law remains an important part of the legal system, particularly in areas such as contract law, tort law, and criminal law.

Common law arose on the basis of Roman law and Anglo-Saxon law.

During the Roman occupation of Britain (43 AD - 410 AD), Roman law had a significant influence on the legal system of the country. The Romans introduced their legal system, which was based on the principles of civil law, to Britain. The Roman legal system was adopted by the ruling classes and gradually spread throughout the country. Roman law was a legal system that emerged in ancient Rome and eventually became the basis for many legal systems around the world. Some of the key features of Roman law include [2]:

Codification: One of the most important features of Roman law was its codification, which means that laws were written down and organized into a comprehensive legal system. This made the law more accessible and predictable, which was important for maintaining order in a large and complex society.

Equity: Roman law placed a strong emphasis on equity and fairness, and judges were encouraged to use their discretion to apply the law in a way that was just and equitable.

Private law: Roman law was primarily concerned with regulating private relationships between individuals, such as contracts, property rights, and torts (civil wrongs).

Civil law: Roman law was a civil law system, which means that it was based on written law rather than common law or case law. This made it more predictable and consistent, but also less flexible than other legal systems.

Universality: Roman law was intended to be universal and applicable to all citizens, regardless of their social status or background. This helped to promote social cohesion and stability.

Legal reasoning: Roman law was characterized by a highly sophisticated system of legal reasoning, which relied on the use of analogies, deductions, and legal fictions to interpret and apply the law in new situations.

Influence: Finally, one of the most important features of Roman law is its enduring influence on legal systems around the world. Many modern legal systems, including those of the United States and most European countries, are based in part on Roman law principles.

After the fall of the Roman Empire, Germanic tribes, including the Saxons, began to settle in Britain. The Saxons brought with them their own legal system, which was based on customary law and oral traditions. Anglo-Saxon law refers to the legal system used by the Anglo-Saxons in England during the early Middle Ages, from the 5th century until the Norman Conquest in 1066. It was a customary legal system that was largely unwritten, and relied heavily on oral tradition and the decisions of local judges, known as «doomsayers» [2]. This legal system was known as Saxon law or Anglo-Saxon law. Some key features of Anglo-Saxon law include:

Customary law: Anglo-Saxon law was largely based on unwritten customs and traditions, rather than written laws. The laws were enforced by local judges known as «doomsayers» who interpreted and applied these customs to specific cases.

Wergild: The payment of compensation or «wergild» was a central concept in Anglo-Saxon law. The amount of wergild owed for a particular crime or injury was determined by the social status of the victim and the severity of the offense.

Blood feuds: In cases where wergild could not be paid, or if a crime was particularly serious, blood feuds were used to seek retribution. This involved retaliatory violence between the families or tribes of the victim and the perpetrator.

Trial by ordeal: Anglo-Saxon law also used trial by ordeal as a means of determining guilt or innocence. This involved subjecting the accused to a painful or dangerous test, such as holding a red-hot iron or being thrown into a river.

Church influence: The Christian church had a significant influence on Anglo-Saxon law, particularly in the areas of marriage and family law. The church also introduced new punishments for crimes such as theft and adultery.

Localized justice: Justice in Anglo-Saxon law was largely administered at the local level, with each community responsible for its own legal system. This led to variations in the application of the law in different regions.

Evolutionary nature: Anglo-Saxon law was an evolving system that changed over time, reflecting changes in society and the influence of external factors such as the Norman Conquest. As such, it was not a fixed or static legal system [3].

The Anglo-Saxon legal system was the legal system used in England from the 5th century until the Norman Conquest in 1066.

Roman law and Saxon law are two distinct legal systems with different origins, principles, and practices. However, there are some historical connections between the two.

Over time, the legal systems of the Saxons and the Romans began to merge, as the Saxons adopted many of the Roman legal principles and practices. For example, the concept of land ownership, which was central to Roman law, was incorporated into Saxon law. Similarly, the Saxon legal system borrowed from the Roman legal system in the areas of contract law, property law, and criminal law.

However, it's worth noting that the merging of these two legal systems was a gradual process that took place over several centuries. It wasn't until the Norman Conquest in 1066 that a unified legal system was established in England, which drew on both Roman and Saxon legal traditions. This new legal system, known as the Common Law, laid the foundation for the modern legal systems of many Englishspeaking countries, including the United States.

Today, the common law system is still the primary legal system in Britain, although it has been supplemented by statutory law and other legal traditions, such as equity law. Saxon law, meanwhile, is primarily of historical interest, although it has influenced some aspects of the common law, particularly in relation to property law [5]. roman law anglosaxon

Today, the modern legal system in the UK is based on a combination of common law, which developed from the decisions of judges in court cases, and statute law, which is created by Parliament. While the Anglo-Saxon legal system has had some influence on modern UK law, it is no longer the primary basis for the legal system.

However, some aspects of Anglo-Saxon law can still be seen in modern UK law. For example, the concept of trial by jury, which is a cornerstone of the UK legal system, can be traced back to Anglo-Saxon times. Additionally, the common law principle of habeas corpus, which requires a person to be brought before a court and charged with a crime before they can be imprisoned, has its roots in Anglo-Saxon law [6].

Overall, while the Anglo-Saxon legal system has had some influence on modern UK law, it is not the primary basis for the legal system and has been superseded by centuries of legal development and reform.

Список використаних джерел

What is the Difference Between Common Law and Civil Law? @WashULaw. URL : https://onlinelaw.wustl.edu/blog/common-law-vs-civil-

law/#:~:text=The%20main%20difference%20between%20the,cut%20as%20they%20might%20seem.

Roman law. Britannica. URL : https://www.britannica.com/topic/Roman-law.

The Anglo-Saxon Legal System. Britain Express. URL :

https://www.britainexpress.com/History/Anglo-Saxon-Legal-System.htm.

Anglo-Saxon law. Britannica. URL : https://www.britannica.com/topic/Anglo-Saxon-law.

Legal Systems in the UK (England and Wales) : Overview by Professor Suzanne Rab,

Serle Court. Practical Law. URL :https://uk.practicallaw.thomsonreuters.com/5-636-

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United Kingdom Law: Legal system. Bodleian Libraries. URL :

https://libguides.bodleian.ox.ac.uk/law-uklaw/legalsystem.

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