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Essay代写:English feudalism and the separation of powers

2019-01-29 | 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- English feudalism and the separation of powers,供大家参考学习,这篇论文讨论了英国的封建制与权利分割。英国封建制的形成乃至发展,与土地权利分割的产生和存续有着紧密联系,是发展着的事物不同层面的呈现。英国早在盎格鲁-撒克逊时期,已初现基于土地权利分割的领主附庸关系之端倪;诺曼征服更将封臣制引入到了土地财产关系之中,并通过《末日审判调查》正式确立了分割式的封建土地财产观念;而在社会基层层面上,封建制庄园与原有村社共同体相互叠加,也引致了乡村土地权利的分割。在两者的交互作用下,英国形成了它后来独特的法律、政治和社会结构。

English feudalism,英国的封建制与权利分割,英国代写,英国论文代写,essay代写

The formation and development of the feudal system in Britain are closely related to the emergence and survival of the division of land rights. As early as the Anglo - Saxon period, there was a beginning of the feudal vassal relationship based on the division of land rights. The Norman conquest also introduced the vassal system into the land property relations, and established the divided feudal land property concept through the "doomsday investigation". At the grassroots level, the feudal manor and the original village community overlap each other, which also leads to the division of rural land rights. After the development of property right, land transfer and inheritance system, the division of land rights became more complicated. In short, the immersion of feudalism gradually divided the land rights in Britain; the intensification of land rights division promoted the reform of feudal system in Britain. It was the interaction of the two that shaped Britain's unique legal, political and social structure.

With the academic circles continuously "rehabilitating" the "dark middle ages", people have more objective and fair views on the medieval history of Western Europe. The feudalism in Western Europe is no longer equated with centralization and autocracy. On the contrary, the typical feature of the feudal era in Western Europe is a consortium based on individual rights, which is a "contract-type" society. It came into being when the original blood relationship could no longer function effectively. In such a society, everyone had the right to choose their master, and it was on this basis that the contractual relationship between Lord and vassal based on individual rights and will was developed. For a long period of time, vassal status exists as a supplement to kinship status, and its rights and obligations are the same as the original kinship. At first, vassal status is mainly based on the sincere partnership in the family or on the battlefield. After leaving the family scope, vassal status is gradually replaced by other forms of personal attachment. The characteristics of the vassal relationship further influenced the development of some customs and even legal rules in the feudal society, and thus became one of the most core factors in the feudal era. That is to say, the contractual relationship between lords and their vassal was the basis for the existence and development of feudal society, and also the core of its relationships. Lord vassal relationship is a real contract, but also a two-way contract. In accordance with the provisions of the contract, the vassal shall perform the corresponding obligations for the protection he enjoys from the Lord's premises; Likewise a Lord must perform certain duties for the rights of his vassal, and if he tarries with the duties of providing protection, he shall likewise forfeit his rights.

"Contract" is a concept separated from "assignment", there is no realization of contract without assignment. Bentham and Austin declare: "a contract has two elements: first, the offeror expresses an 'intention' to perform the act he is about to perform or to keep his promise of inaction. Secondly, the offeree indicates that he 'expects' the offeror party to fulfil the commitments it has made." Of course, these alone do not constitute the so-called "contract", but also the existence of "debt". According to the interpretation of Maine, in each contract condition, the two parties must reach an understanding, and then through some specified procedures to perform, to start the "contract". In medieval Britain, the feudal system controlled its king and subjects effectively through explicit customs, so that neither of them could have too much power, thus forming the so-called "original contract" between the king and his subjects. In this society, a person or group acquired new companions mainly by way of contract, and each specific feudal vassal relationship was bound by explicit agreement. This is the originality of feudalism in Europe: "it emphasized the idea of a contract that could bind the rulers, so that feudalism in Europe, while oppressing the poor, did leave something for our western European civilization that we still aspire to have." Therefore, it is feasible and typical to study the feudal system with the relationship between Lord and vassal.

During the middle ages, Britain was in the period of agricultural civilization, and agriculture "was the foundation of almost everyone's life". It absorbed the majority of the people in the country -- living by agriculture and living in the countryside. And agricultural production depends on land, so the production and life of the whole society is based on land. More than that, land is still the most valuable thing for human beings. In feudal times, land played a particularly important role. It was the basis of all social relations at that time. Feudal system of immersion, the British the same plot of land rights between people of different identities to achieve the cutting, the different status of the land rights of condensation on the same piece of land, it can be said that the feudal era as a link to a whole chain of British society is based on land and social attachment relations between the synthesis, the discussion of the feudal lords vassal relationships, is to avoid the relations of the land rights of carding.

The division of land rights existed in England at that time, according to the available historical materials of the Anglo-Saxon era.

In the 8th century, the danes invaded Britain on a large scale. In order to effectively fight against the invasion of the Danish army, the rulers of England began to levy "Danish gold" throughout the country. Heavy taxes, combined with the threat of war, forced many bankrupt or near-bankrupt free peasants to settle with powerful lords in some places, who gave their most valuable land to the Lord in exchange for his security. These freemen, either in the name of individuals or in the name of their villages, entered into a "contract" with their consignees on agreed terms and, as the contract provided, continued to till their land. , of course, the nature of the land at this time, as well as the identity of the farmers has changed: lords and farmers are covered by signing the land with different rights, such as Lord can collect different degrees of land rent from the land, and the farmers are earnings continue to make land at the same time, according to the provisions of the contract the Lord fulfill corresponding obligations, and thus the land began to condense the people of different status of different rights; Moreover, compared with the landowners signed by the peasants, the peasants essentially lost different degrees of personal freedom and began to be attached to the landowners.

In fact, in the feudal age, this kind of relationship has already had some characteristics of feudal attachment. It was based on the transfer of individual rights among free men, and these small landowners did so entirely of their own free will. Is a relatively free and by the "contract" of the relationship between the specific provision, but can't deny that would seek to protect that part of the free for their own safety, essentially assign the right part, this part right after into relatively independent social relations level, into a "power", for those who take refuge in the grab, that the role of power, make the commitment of farmers to its strong dependent take refuge in the Lord, and made the original complete ownership of land in commitment first has carried on the division between it and its Lord. Thus, the dependence of feudal society and the division of land rights appeared.

If the Danish invasion to some extent started the wheels of British feudalism, then William's Norman conquest and some measures after it completely dragged Britain onto the track of feudalism. As mark Bloch said, "English vassal system and chivalry were introduced from abroad", which was the result of the Norman conquest. Norman invasion is the one of the most important turning point in history, it will be Britain's top in a batch of new host, since then the history of Britain and France have in common, start a new set of similar to the French feudal system, feudal system in England, of course, compared with the French in its own way, such as its military obligations and developed in the middle of the 12th century after the relevant legal system. But even this uniqueness was shaped in part by the Norman conquest. The Norman conquest had an effect on British society at that time from all aspects. As early as the Norman invasion, William gave the land he had conquered to the Norman soldiers in order to encourage and reward them. At the end of the Norman conquest, William had already confiscated all the land of Edward and the rebellious Anglo-Saxon aristocracy. Although the land of a few surrendered Anglo-Saxon aristocracy was reserved, it was also stipulated that they must make William their king, and in this way, all the land of England was included in the system of sedition and vassal.

If the Norman sequestration incorporated the British vassal system into the property right system, then the great judgment of the doom in 1086 truly "changed the concept of property right in Britain for the first time". The archives of the Norman trials themselves, and their arrangement of property classes and grades resulting from ordination, are the very origin of English rights in the land classes. Since that inquiry, the king has given the nobles full disposal of the land he had previously granted and given them the same right to subrogate it again in the form of smaller plots. However, it also stipulated that the king of England was the ultimate owner of all the land in England. Since then, Britain no longer had land without a Lord, but emphasized that "the land of each Lord was directly or indirectly owned by the king". That is to say, "theoretically, all the territories in the country were subordinate to the king through tenure relationship". Under the English feudalism, the king of England still had the exclusive ownership of all the fiefs that were feoffed, while the vassal and vassal vassal Shared the usufructuary right on the fief, and the vassal had the right to use the fief and obtain the products on the fief. But he has no right to dispose of the land, that is, to alter its shape, to divide it, to devalue it, or to transfer it. But over time, the vassal gradually acquired many rights other than reducing the value of the property. It was on this basis that the English king and his vassals at all levels were bound together by fiefs. The king of England enjoyed the ownership of the land, while the vassal obtained the usufruct of the land: the king of England could still enjoy some "privileges" from these fiefs, such as "collecting certain money of shield, assistance and inheritance" from the beneficiaries of these fiefs; However, the vassal should fulfill corresponding obligations to the king or his direct vassal for the vassal he obtained, such as paying fixed amount of money for shield and assistance. Through this land - conferment relationship, the British established its feudal society in the upper class of the unique feudal relationship. It is worth noting that the land is enclosed in layers, often three or four. After the conveyance of the land, the vassal's obligation to his vassal remains the same, but he may obtain from the vassal he has granted a share of his obligation. This situation will undoubtedly increase the complexity of land rights, resulting in the fief of the state of confusion, often difficult to determine the specific ownership of a piece of land. Therefore, the land purchase and sale act of 1290 decided to replace the land transfer form of "refeoffment" with "substitution", that is, when B wants to transfer the land acquired from A to C, C should take the place of B and fulfill the obligation of B, and B should exit the land retention chain. Therefore, the congealed relationship on the land is only a-c. This is the epitome of the division and change of land rights caused by the feudal system in medieval England. It was with the sword of this feudal system that the feudal system of Britain added the different status rights of the feudal lords and vassals of the upper class into the land property system at that time.

According to the different conditions of enfeoffment at that time, there were many different forms of land tenure in Britain. According to statistics, there were about 6 types of land tenure and 16 types of obligations in the 12th century. However, throughout the feudal era, there were mainly the following forms of tenure that stood out: knight tenure was a form of tenure that performed the obligation of knight to retain land, and required the landholder to provide the landholder with a specified number of heavily armed warhorses. By the middle of the 12th century the obligation was replaced by a fixed amount of money. By the end of the middle ages, with the devaluation of the currency, the collection of the shield money gradually stopped. Obligations relating to this type of tenure include attendance at the Lord's court, payment of assistantship, land restitution, fealty, inheritance, guardianship, marriage, etc. The tenure is mainly in the form of fulfilling the spiritual obligation to keep the land. When Henry granted a manor house to st. Peter's monastery, he was asked to perform some specific spiritual obligation for him -- to go to mass every Tuesday and Friday so that his soul could be saved. Of course, spiritual obligation also takes some other forms, such as providing relief for some poor people on certain festivals. When a king grants land to a person for certain obligations, such as carrying a letter, feeding a pet, making a bed, etc., the land is called a sokehold or servitude. Obligations in relation to the form of tenure are attendance at the suzerainty courts, payment of assistantship, confiscation of property, restitution of land, fealty, inheritance, but without guardianship, marriage, etc. Villand tenure is the most important form of land tenure in the manor, which is a non-free form of tenure. Obligations relating to it include fealty, attendance at court, land forfeiture, lease money, land restitution, inheritance money, fines, etc.

Thus it can be seen that, on the one hand, the enfeoffment and re-enfeoffment of land congealed different rights of different vassals on the same piece of land; on the other hand, different conditions set at the time of enfeoffment also made the land have different properties due to different obligations. Therefore, the feudal land grant in England caused a complicated situation of land rights in Britain at that time. In other words, there was a close relationship between the land rights division and the land sealing system in the feudal age of England.

After clarifying the vassal and land system with land banishment as the core, it is necessary for us to turn the research perspective to the village community and manor in the feudal grassroots society. It is the superposition of the village community and manor that forms the overall picture of the grassroots organization in the feudal society. As already mentioned, in Anglo-Saxon times, at the grassroots level of society in England, there were already Lord vassal relationships based on the transfer and division of land rights. However, in addition to this relationship, the main living unit of the peasants at that time was the original village community. Even when feudalization was sufficient, "the basic unit of agricultural organization was the village, not the manor." This is particularly typical of the continuation of the village community land system in the feudal era, as well as the position and role of the head of the estate in the grass-roots management.

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