English Law
In the construction of legal system science is used as the basic material of general legal norms , as they are a source of law . Existing general legal norms are grouped with each other in a narrow group of norms governing the relations of the high degree of similarity. These groups are called norms of the institution or institutions . Institutions are the first level of connectivity of legal rules , but not the only one. The next level of connectivity is based on grouping of legal norms that regulate broader legal issues , ie . legal relations lesser degree of similarity , but similar enough to constitute a whole. Such grouped legal norms are certain branches of law. The Anglo-Saxon type of law is from England, where it originated , expanded , not without exception, in English-speaking countries , as in most of the countries that have been or are still under political influence Engleske1 . It should be noted that the countries whose systems of law of this type guarded and cherished tradition of its own , but that is in the field of procedural law, the organization of the judiciary , especially in the practice of a particular decision , the English influence, however , prevailing . The system of English law is marked by different qualities than the type system of rights on the continent . At the time of the colonial conquest of power, the British Empire stretched to the United States, Canada, Australia, New Zealand, India, Pakistan, and Singapore. Otherwise, the labeling of this type of law is often used by the Anglo-Saxon name, but it is only appropriate when it comes to the law of the Angles and Saxons.
Every country in the world develops its own legal system. There are no identical legal systems, even in countries that are very close to the national, economic, geographic and other characteristics. Each national group builds its legal system. As there are differences in every legal system, there are also their similarities. Guided by the similarity of legal systems, legal theory has performed their classification. Classification of legal systems can be made on the bases of many criteria. Depending on them, we distinguish the following divisions and types: The division of legal systems can be classified according to the characteristics of the social order to which the legal system stands. There are Western legal systems, systems of Asian legal systems of the people of Africa and the like.
Anglo - Saxon law
The Anglo-Saxon legal system, which is also referred to as the common law system , was developed independently from the tradition of Roman law , the general principles of the traditions of English common law and various court decisions known as precedents (case law) . This system is typical for England (UK) and the United States. Different authors, of course, have a different approach, suggesting not much determined, and hence not useful, to understand the sources of law under the different phenomena of nature. Thus, the sources of the mark, we said, miscellaneous writings from which to get information on the normative content of the right. The point source refers to the origin of the current law - ideas and facts from which the law really occurs and continuous " flow " - as custom , morality, religion , philosophical ideas , contracts, scientific debate, logic , and even grammar , the nature of things , understanding, principles of justice , fairness individually , the current policy and social trends . Besides the „informal sources of law", or, “basic directions Execution of rights," as the origin of the right Mata legal here means more sources of authoritative form to reflect the law ( authoritative sources) . Edwin Patterson defines them as „acts and statements ( ) of official authority ( ) you have value or law which gives legal recognition rules in this kind of authority did not have ." The political division of power in the modern era has the authority the legislature and judiciary. More specifically, Edgar Bodenheimer equates the sources of law, „the official , authoritative texts which are formal by legal rules that generally derive their strength." These `legal sources`, are, in fact, laws , ratified by international treaties and other agreements, orders and decrees of the executive power , judicial opinions, court rules and , according to some opinions , customs , leaving aside the scientific discussion for our needs, and specifying the meaning of the word closer to the source, the law and custom. Because of the substantial importance of case law and custom, this system qualifies as a customary or common law. Common law - a customary law - often identified with the system of English law as a whole, although it is only one, albeit oldest part. English legal system consists of three subsystems: Common law, Equity law and Statute law.
Common law - England is the only country in Europe, which did not come to the reception of Roman law. England retained its separate legal system outlined on the common law. Normans, who 1066th conquered England, found the local Anglo-Saxon common law domestic population. They have their rights equated with the local custom in the system of law common to all people and hence it is called common law. It belongs to the family of Western legal systems.
The fundamentals of the law were laid in the 11th and 12th century when the lawyers start with the transformation of primitive Germanic and Frankish law. It could be said that the English legal system founded by King Henry II, who ruled England and Normandy in the 12th century.
Equity law
In the 14th and 15thcentury was reported the collection of material and process rules known as equity or equity entitled. Then the royal courts of general become too strict and formalistic. Therefore, the chancellor of the royal permission Chancellor's Court established that the applicable rules and procedures of law of justice , as the law of equity procedure was much more elastic with respect to the general procedure of law. Cases resolved before the court equity not been presented to the jury.
The right of due process has been strengthened a general agreement that the right is not acknowledged. The most important case is a trust, that is when someone else sends its assets in trust for the benefit of a third party, but equity acted only in those cases where the common law remedies are inadequate.
Statute law is the third major historical, from 15th century, the main source of English literary rights legislation (i.e. statute law). In the middle Ages, there was no concept of law.
It should be noted that the term legislation, which refers to a particular form of law, has a different use, which usually highlights. Paterson says that the term is used in a wider sense than the term statute (law), narrower than the law making, which include the creation of rights in the judicial decision-making. The term judicial legislation (law court), which are used by many authors, was incorrect in his opinion, in this context, unless it is limited to the rules of court that govern judicial proceedings.
William Blackstone defines common law as well as common customs of the kingdom. "This unwritten or common law ", it says, „perfect is divided into three types. 1. General customs rules that are universal throughout the kingdom and make common law in its stricter and more usual sense ; 2. Specific customs related to the residents of certain areas; 3 Common tailored, specific laws that have applied the special courts of general jurisdiction and quite broad. „General customs of the kingdom in terms of Blackstone`s Allen is equated with " the fundamental principles of the legal relationships which are usually not found in the express language, but make separate part () of social constitutions. For him, the Common Law is any set of strict rules established at any time or as determined by any certain authority. It is not any set of authoritative , permanent and universal premise for legal reasoning , it was not which set of legal institutions which we believe will have a long and glorious future as the embodiment of justice among the English- speaking world. Rather, it is a learned tradition of voluntary submission to authority and the power to judge from medieval or ancient customs division, or by agreement of the sovereign people to govern according to the published principles of administration and justice. In any case, the common law - whose nature is determined by the order of customary rules of origin , and later more discretionary power of the courts and the undisputed authority of precedent that old principles published , and confirm the new time of the request , creates the spirit of English law , its past, present and future. Shaping and real appreciation of the traditional principles of the common law and the result is far-reaching and fruitful idea of the rule of law.
References
Adams, A. 2003. Law for business students. Harlow: Pearson/Longman.
Blackstone, W. 1813. Commentaries on the laws of England. London: Printed at the revived Apollo Press, by J. Bell.
Bodenheimer, E. 1974. Jurisprudence. Cambridge: Harvard University Press.
Edwin W. Patterson,Bantham on the Nature and Method of Law, 33 Cal. L. Rev. 612 (1945).
Available at: http://scholarship.law.berkeley.edu/californialawreview/vol33/iss4/6
