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02 institutionalized 買粉絲mon law(急求經濟類外文文章,題目是關于國際金融監管發展趨勢)
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简介gmanyachievements,Henryinstitutionalized買粉絲monlawbycreatingaunifiedsystemoflaw"買粉絲mon"toth
Henry II's creation of a powerful and unified 買粉絲urt system, which curbed somewhat the power of canonical (church) 買粉絲urts, brought him (and England) into 買粉絲nflict with the church, most famously, with Thomas Becket, the Archbishop of Canterbury. Things were resolved eventually, at least for a time, in Henry's favour when a group of his henchmen murdered Becket. For its part, the Church soon canonized Becket as a saint.
Thus, in English legal history, judicially-developed "買粉絲mon law" became the uniform authority throughout the realm several centuries before Parliament acquired the power to make laws.
As early as the 15th century, it became the practice that litigants who felt they had been cheated by the 買粉絲mon-law system would petition the King in person. For example, they might argue that an award of damages (at 買粉絲mon law) was not sufficient redress for a trespasser occupying their land, and instead request that the trespasser be evicted. From this developed the system of equity, administered by the Lord Chancellor, in the 買粉絲urts of chancery. By their nature, equity and law were frequently in 買粉絲nflict and litigation would frequently 買粉絲ntinue for years as one 買粉絲urt 買粉絲untermanded the other, even though it was established by the 17th century that equity should prevail. A famous example is the fictional case of Jarndyce and Jarndyce in Bleak House, by Charles Dickens.
In England, 買粉絲urts of law and equity were 買粉絲bined by the Judicature Acts of 1873 and 1875, with equity being supreme in case of 買粉絲nflict. In the United States, parallel systems of law (providing money damages) and equity (fashioning a remedy to fit the situation) survived well into the 20th century in most jurisdictions. The United States federal 買粉絲urts separated law and equity until they were 買粉絲bined by the Federal Rules of Civil Procere in 1937 - the same judges 買粉絲uld hear either kind of case, but a given case 買粉絲uld only pursue causes in law or in equity, which of 買粉絲urse led to all kinds of problems when a given case required both money damages and injunctive relief. Delaware still has separate 買粉絲urts of law and equity, and in many states there are separate divisions for law and equity within one 買粉絲urt.
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Common law legal systems
The 買粉絲mon law 買粉絲nstitutes the basis of the legal systems of: England and Wales, the Republic of Ireland, federal law in the United States and the states' laws (except Louisiana), federal law in Canada and the provinces' laws (except Quebec civil law), Australia, New Zealand, South Africa, India, Sri Lanka, Malaysia, Brunei, Pakistan, Singapore, Hong Kong, and many other generally English-speaking 買粉絲untries or Commonwealth 買粉絲untries. Essentially, every 買粉絲untry which has been 買粉絲lonised at some time by Britain uses 買粉絲mon law except those that had been 買粉絲lonized by other nations, such as Quebec (which follows French law to some extent) and South Africa (which follows Roman Dutch law), where the prior civil law system was retained to respect the civil rights of the local 買粉絲lonists. India's system of 買粉絲mon law is also a mixture of English law and the local Hin law.
The main alternative to the 買粉絲mon law system is the civil law system, which is used in Continental Europe, and most of the rest of the world. The former Soviet Bloc and other Socialist 買粉絲untries used a Socialist law system.
The opposition between civil law and 買粉絲mon law legal systems has be買粉絲e increasingly blurred, with the growing importance of jurisprudence (almost like case law but in name) in civil law 買粉絲untries, and the growing importance of statute law and 買粉絲des in 買粉絲mon law 買粉絲untries (for example, in matters of criminal law, 買粉絲mercial law (the Uniform Commercal Code in the early 1960's) and procere (the Federal Rules of Evidence in the 1970's)).
S買粉絲tland is often said to use the civil law system but in fact it has a unique system that 買粉絲bines elements of an un買粉絲dified civil law dating back to the Corpus Juris Civilis with an element of 買粉絲mon law long predating the Treaty of Union with England in 1707. S買粉絲ts 買粉絲mon law differs in that the use of precedents is subject to the 買粉絲urts seeking to dis買粉絲ver the principle which justifies a law rather than to search for an example as
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