Anglais juridique
This term is using for different ways, different interpretation:
- oppose to the term local laws
- oppose to the term equity
- oppose to the term statute
- oppose to other systems of law
Different laws in England: local laws everywhere.
After Norman Conquest, the king appointed judges who developed a set of rules which became common to the all country. The laws have become common to the all country (common law).
When CL was developed, it was subject to very strict rules. In order to remedy, a new sense of law was developed: equity. Developed by the king and the principles chancellor and introduced new remedies such as specific performance, injunction or rescission.
King ask to the chancellors to developed new rules
Statute is promulgated by parliament. Case law: the law based on traditional laws.
Specific system of law: different of other system of law (France: civil law) Based on judicial precedents (England USA...)
Before 1066 the situation in England: there was no uniform system of law. The country was dividing in shires and counties. Some customs were applied which constituted the local law.
Customs in Manchester is different from customs from London.
1066: William the conqueror became king of England, he defats Saxons.
To reinforce his power: he has to develop a new system of law.
Local lord is in charge to the local law.
He creates 3 centrals ports in London, precisely in Westminster. The Court of Exchequer: disputes taxation.
Court of common pleas
Court of kings bench which is the most important court dealing with most important
In order to deal with the law. King is appointing to judges.
At the same he practices grew up on the king sending judges most part of the countries for stabled a closer control of the administration.
For unification of local customs:
Judges come back to London regularly in order to discuss the merits of these local customs in order to agree on the