Anglais history law

Introduction :

It deals with « the creation of the English legal system ». We did a brainstorming about what we know about the Common Law. After that, we did a vocabulary exercise and an oral comprehension which was about the sources of law.

We can ask ourselves : what did we learn about the Common law ?
Firstly, we will talk about the Norman invasion and its aim. Secondly, we will see its impact.

I] The Norman invasion + its aim

The Norman invasion took place in England in 1066. It was led by the Duke of Normandy, William the Conqueror. When the Normans invaded England, they tried to consolidate their power over the whole England through the standardisation of law. It was King Henry II who achieved it thanks to a centralisation of the power. Henry II establish the King’s court to centralise power.

II] The impact of the conquest

Before the Norman invasion, the consequence of local customs on the power of the monarchy was the dilution of the king's power. The judges had to merge the royal law with local custom. Common law was based on the previous judgments of the president. Power was therefore fragile.

Henry IV became king of England in the 12th century, he managed to consolidate power through the centralization of laws. To become judges, the Normans chose clerics. Henry IV established a Kings Court.

Under Henry IV, judges had to listen to disputes all over the country and when they resolved the dispute, they had to return to the King's Court with a record of the disputes. To harmonize the laws, the judges work together at the King's Court. Their goal is to reach a consensus on similar matters. Judges of stare decisis are required to follow the rules.

The doctrine of precedent replaces the system of local custom. Common law thus refers to legal principals and concept that evolved over the centuries.

Conclusion (= answer the qst « what did we learn about the Common law ? »)

Thanks to this development, we learned that the Common Law refers to legal principles/concepts that evolved over the centuries.

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