Text 3 How the British Law Developed

In early medieval England, there was no written law. Each feudal lord or baron administered justice personally. Although these baronial courts had similarities, the laws were different in different places. Disputes were settled on the basis of local customs and the baron’s judgment. In time, the king was able to establish a system of courts, which enforced a common law throughout England. The rules of law, which were stated in these early cases, became precedents (examples) for setting future, similar cases. In the beginning, few decisions were recorded, and so the early common law was sometimes known as “unwritten law”. Finally, the principles and rules announced by the courts were preserved in writing. Thus, particular rules became fixed, and people knew what to expect if similar problems arose in the future. This resulted in what has come to be known as the Common Law — judge-made case law that has its origin in the traditions, customs, and trade practices of the people.

The English Common Law began to develop after the conquest of England by William the Conqueror in 1066. To keep order and peace, the Kings of England tried to create a uniform or “common” law to govern different regions of the British Isles. Circuit-riding judges and the use of the jury aided the Norman Kings in the consolidation of their kingdom.

In medieval England, sometimes there was no remedy available from a common law court to enforce certain rights or to correct certain wrongs. This was because in civil cases the court could give only monetary damages. A person who wanted any other kind of relief would appeal directly to the King. The King would refer the person to his chancellor, who was usually a clergyman of good conscience and fairness. The chancellor would hear the case without a jury and would then give appropriate relief. Such hearings developed into what came to be known as a separate system of Courts of Equity.

Vocabulary

medieval [,medi’i:vəl] средневековый

feudal lord феодал

to administer justice отправлять, осуществлять, обеспечивать правосудие

Common Law общее право

circuit-riding judges выездная сессия суда

to enforce обеспечивать соблюдение, исполнение; принудительно приводить в жизнь; обеспечивать санкцией; принуждать

Court of Equity суд справедливости

equitable справедливый, объективный

relief 1) помощь; пособие; 2) средство судебной защиты;

3) освобождение (от уплаты, ответственности)

equitable relief средство судебной защиты по праву справедливости