论文部分内容阅读
对英国法律史中核心问题的进一步探讨,可以从法国法律史那里获取新的视角。在它们步入中世纪后期的时候,法国与英国在法律和政治制度方面有着共同的配置。构成现代法国版图的大部分区域,在一个共同的君主统治之下与英格兰联为一体;政治制度受到一些相同的基本势力的塑造,拥有相近的封建组织形式;私法基本上都由尚未条文化的民众习惯组成,而且相互之间极其类似,甚至在细节上都是如此。早在13世纪,法律与统治方面的分化就已经显而易见。但我们直到现在也不曾针对这一分化发生的进程,或者针对随后的历史中继续存在的相近之处,将二者联系起来作出解释和说明。不过我们知道政
A further exploration of the core issues in the history of legal history in the United Kingdom gives a new perspective on the history of legal history in France. As they entered the latter part of the Middle Ages, France and Britain shared a common set of laws and political systems. Most of the regions that make up the modern French territory are united with England under a common monarchy; the political system is shaped by some of the same basic forces and has a similar form of feudalism; and the private law is basically composed of unwritten The people are habitually composed and very similar to each other, even in detail. As early as the 13th century, the division of law and rule has become obvious. But until now we have not addressed the process of this differentiation, or we have linked the two to explain and explain the similarities that continue in the subsequent history. But we know politics