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Essay代写:The court function of an English estate

2019-01-28 | 来源:51due教员组 | 类别:Essay代写范文

下面为大家整理一篇优秀的essay代写范文- The court function of an English estate,供大家参考学习,这篇论文讨论了英国庄园的法庭职能。中世纪英国法律制度的一大特点是多种司法机构并存,然而,对于占社会大部分的阶层而言,起到直接作用的是庄园法庭。封建主在其领地范围内,最大限度的行使其司法特权,依据庄园习惯来审理各种案件。庄园法庭所处理的各类案件中占最大比重的是各类经济案件和民事纠纷。另外,佃户之间的民事纠纷也要由庄园法庭解决。

court function,英国庄园的法庭职能,英国代写,英国论文代写,essay代写

Medieval British manor court as part of the judicial system, is the feudal lords of the authority of the farmers to exercise jurisdiction within the territory, and in addition, the manor court also and many administrative functions, for the investigation of the manor court function cannot ignore in the lords in the dual nature of the relationship between farmers characteristics, is both an instrument of lords to maintain their own interests, and also to a certain extent, played a protective role of farmers.

William the conqueror brought the feudal system of the European continent to Britain. With the establishment of the manor system, the manor court also appeared. In the late 14th century, the manor went into decline with the disappearance of the manor. One of the characteristics of the English legal system in the middle ages was the coexistence of a variety of judicial bodies. The feudal Lord exercised his judicial prerogative to the greatest extent within his domain, and tried various cases according to the manor custom.

Because of the freedom and non-freedom of the tenants in the manor, jurists once divided the judicial power of the manor into trial manor

The territorial court of free tenants and the customary court for the trial of non - free tenants. But in real life in the manors of the middle ages, this distinction was not strictly enforced. "in due course of time, the distinction between a free man and a non-free man was abolished, as the power of the Lord over the slave grew weaker and that over the free man grew stronger."

Economic cases and civil disputes accounted for the largest proportion of all kinds of cases handled by the manor court. To be specific, it includes the management and execution of veran labors; Penalties for various infringements, such as overgrazing on the common grass of the manor, excessive deforestation and sod digging, and putting one's own cattle on the land of the Lord or his neighbours. Any transfer of land held in the capacity of vilain or of free land would be dealt with by the court of manor. Moreover, the control over matters such as the personal freedom to marry, to take orders or to leave the manor house would in fact affect the operation of the Lord's own land, and thus the interests of the manor house.

Civil disputes between tenants were settled by the court of the manor. The act of breaking a contract or failing to perform a promise or obligation; All cases involving personal injury, such as defamation of reputation, can be dealt with in the court of the manor. The victim makes a claim for compensation in the court. The court evaluates the loss caused and then makes a ruling. Moreover, the Lord had the right to deal with minor offences against law and order, such as the use of violence -- attacks on the officials of the manor, threats and beatings of neighbours, fights, etc., which affected the smooth running of life on the manor.

First, the management of the estate was elected by the court of manor. The tenants would elect the head of the village to represent their interests and work with the Lord's officers. In addition, the tenants, the lawnmower, the forester, the jury, and so on, were all elected in the court of the manor. The selection of zhuang guan was not only the power of zhuang min, but also the obligation. Zhuang guan and zhuang min were jointly and severally liable to each other. If zhuang min caused losses to the Lord, zhuang tou would first compensate for the losses and then claim compensation from zhuang tou to the perpetrators. Likewise, if the landlord's malfeasance causes losses to the Lord, and the landlord fails to pay for all the losses, the deficiency shall be made up by all the tenants who elected him.

Secondly, formulate and implement village regulations. To a certain extent, the manor court acted as a meeting of villagers and was the main body for formulating and implementing village regulations. Foreign scholars found in the casebooks of the manor court that there were a large number of records about the manor court making and modifying the village rules in a collective form, and the punishment for violating the village rules was all carried out in the manor court.

Third, he was responsible for maintaining the public order of the manor. The court had clear rules for the use of public woodlands and grazing lands in the manor, the construction of roads and ditches, especially for the harvest, the picking of ears, and the work of servants in the autumn harvest. As the most basic organization to maintain the local public security -- the ten joint security committee, under the control of the manor lords and the manor court merged into the manor plenary, dealing with the security affairs.

Scholars at home and abroad have different tendencies on the role of manor court in the relationship between lords and tenants. Don't mistake this kind of manor court for the people's court. The serfs themselves ruled in favor of the serfs. When both parties are farmers, justice may be done, and when it comes to the interests of the feudal Lord, the feudal Lord may well use the steward who presided over the court, or the jury, to exert pressure and rule in his favor. Through the manor court, the church court and the king's court, various means of appeal to get rid of the shackles. Of course, the manor court in England could not be categorically attributed to "the Lord" or "the Wieland", and this duality was reflected by various factors.

Since the 13th century, manor courts have increasingly used the jury system, with the jury to carry out fact-finding and dispute adjudication. As for the jury, there were both free men and Wieland. The number of jurors varies from case to case and from the size of the estate. Although the jury system at that time was an inevitable trend, some estates still adopted the common decision of all participants, which was undoubtedly a great progress in judicial trial and greatly improved the impartiality of the decision. However, the jury system was not a useful tool in the hands of the tenants. In cases involving the rights of the Lord, the jurors had to be careful or they would be fined collectively. The Lord also arranged for some of his tenants to serve as jurors in order to control them. The majority of the jury of veran, the Lord is easy to control the group.

In addition, as the important basis of the manor court trial, the time-honored customs formed and continued in the village constituted the norms of the relationship between the Lord and his tenants. "The protection of custom guarantees the peasant a certain minimum of privileges which even the Lord dare not violate." "It is easy to underestimate the effect of customary law on the protection of serfs." However, in order to reduce the disadvantage of ambiguous customs in the judgment and add their own interests, the Lord often had to call the zhuang people to make a book of manor customs, so as to fix the obligation of the tenant farmers and legalize his claim.

To sum up, from the perspective of its functions, the English manor court was the highest authority within the manor, integrating legislation, justice and administration. It was not only an effective tool for feudal lords to punish and exploit peasants, but also played a protective role for peasants to a certain extent. After the end of the 14th century, the serfdom basically did not exist in Britain. Although the manor and manor court still remained in some places, the judicial function was weakened and replaced by the local county court and the court of the hundred families.

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