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The English Legal System

2023-10-10 21:29:31

British Legal System The British legal system is based on common law, not civil law. Common loan is a system, based on custom, a judge makes judgments based on the experience and knowledge of judicial precedents. Considering the fact that the civil law enacted by Justin's legal civilization is primarily based on written legislation, it makes judgments about the provisions of laws and regulations; a system based on written doctrine.

Whereas the European legal system is based on legal models and theories, the common doctrine is the root of important legislation in the UK legal system, so the precedent doctrine plays an important role in the UK legal system . The British precedent system is based on Latin maxims: "Stunned non-Queita Movere" insists that it will be decided and will not cause existing anxiety. This idea is to provide impartiality and certainty by obsessing previous judgments, ie judgments of former judges. The precedent can only be manipulated if you know the legal reasons for past decisions. Therefore, at the end of the case (civil affairs), it is judged that not only the judge makes a decision but also the legal reason behind it.

The founders did not think much about the British king or parliament, but they admire the British legal system deeply. In the past two centuries, the British legal system evolved from a king's tool to a series of independent reputation constrained by a relented respect to law. In England and the United States of the 18th century, judgment was learned, but basically it was a modest business. When interpreting rules and other documents, the judge will follow "the intention of the manufacturer". When a document can not manage an incident, the judge will investigate other documents, surrounding circumstances, early court decisions, customs and nature's principles. Legislation From these aspects, they deduce that they can make the correct rules for the situation at hand.

Bacon is rich in suggesting reforms to British law. In his life, few people accepted the British legal system. However, after his death, some people have incorporated bacon 's general principles into modern legal systems like Napoleonic law and modern common law. Bacon's greatest contribution is not strict legal precedents, but to emphasize the facts of the incident. Like his scientific empiricism, Bacon wants the law to pay more attention to the case evidence and facts rather than the late law precedents.