Anglo Saxon Law Vs Continental Law
Anglo-Saxon law, the set of legal principles that prevailed in England from the 6th century until the Norman Conquest (1066). In conjunction with Scandinavian law and the so-called barbarian laws (leges barbarorum) of continental Europe, it formed the so-called Germanic law. Anglo-Saxon law was written in the vernacular and was relatively free from the Roman influence found in continental laws written in Latin. Roman influence on Anglo-Saxon law was indirect and was exercised mainly by the Church. There was a clear Scandinavian influence on Anglo-Saxon law following the Viking invasions of the 8th and 9th centuries. It was not until the Norman Conquest that Roman law, as embodied in Frankish law, was felt on the laws of England. Despite the obvious differences in the legal systems of the Western and Eastern European states, they are united by many similar characteristics that allow them to be included in a single Continental European legal family divided into four main groups of law – German law, Roman law, Slavic law and Nordic law. Unlike the common law, the continental (or Romano-Germanic) legal system focuses on a set of fundamental principles codified into a single deniable system that serves as the primary source of law. Venerable Beda writes in the eighth century that King Æthelberht, “in addition to all the other advantages he bestowed on his subjects through wise policy, with his Council of magi, appointed them to judicial destruction following the example of the Romans.” Iuxta exempla Romanorum is the Latin expression that Beda uses here; The significance of this statement has aroused the curiosity of historians for centuries. It was not, as with the continental Germanic tribes, that Æthelberht had the law written in Latin; On the contrary, unprecedented, he used his own mother tongue, Old English, to express the “falls” or laws and judgments that had force in his kingdom.
Some have speculated that “following the example of the Romans” simply meant that Æthelberht had decided to put the law in writing, whereas previously it was still an unwritten tradition and custom, passed down from generation to generation by oral transmission and supplemented by the edicts of kings. As such, Æthelberht`s Code of Law represents a significant break in the tradition of Anglo-Saxon law: the body of Kent`s legal customs, or at least part of them, was now represented by a written declaration – firm, immutable, no longer subject to the whims of memory. The law was now something that could be emphasized and, significantly, disseminated with ease. In addition to the ordinary courts, a network of specialised courts operates in many countries within a single judicial system. These include the Constitutional, Family, Youth, Tax, Environmental and a few other courts that allow for more in-depth legal investigation into specific cases involving various legal specialists. The Constitutional Court stands out as the Supreme Court, which deals mainly with issues that conflict with the freedoms, rules and rights recognized by the Constitution. Now it exists in two basic forms – American and European (or Austrian). In almost all countries, a court`s decision on the unconstitutionality of a legal act results in the suspension of the consideration of the case until the decision of the Constitutional Court. The powers of the constitutional courts are generally very broad. You have the right to repeal the existing law, to prevent the entry into force of the law, to approve a procedure that restricts the possible future actions of the legislative bodies (despite the fact that the Constitutional Court cannot stand above Parliament and dictate something to it). Anglo-Saxon law (Old English ǣ, later lagu “law”; dōm “decree, judgment”) is a set of written rules and customs that were in force during the Anglo-Saxon period in England before the Norman Conquest.
This body of law, as well as early Scandinavian law and Germanic law, come from a family of ancient Germanic customs and legal thoughts. However, Anglo-Saxon legal systems differ from other ancient Germanic legal statements – known as leges barbarorum, in part because they were written in Anglo-Saxon rather than Latin. The laws of the Anglo-Saxons were the second in medieval Western Europe after those of the Irish, expressed in a language other than Latin. Lawyers continue to represent the interests of their clients in civil proceedings, but have a less central role. However, as in common law systems, its functions often consist of advising clients on legal matters and preparing pleadings for submission to the court. But the importance of oral proceedings, court presentations and active advocacy in court is diminished compared to a common law system. In addition, non-procedural legal tasks, such as preparing wills and drafting contracts, may be left to quasi-lawyers who serve businesses and individuals and who may not have post-graduate legal training or are not allowed to practise in court. The English dialect, in which Anglo-Saxon laws were transmitted, is in most cases a common language that comes from West Saxon. By the tenth century, the West Saxons had become dominant among the Anglo-Saxon kings, and their lands were home to some of the island`s most developed religious and monastic centers. It was these centers that had the wealth, expertise and motivation to create and copy texts for distribution. As a result, the literary dialect that prevailed in the South – and Winchester in particular – became the dominant literary dialect.
Since most of the surviving old English legal codes are preserved only in eleventh-century copies, the West Saxon dialect is predominant. However, traces of the Kent dialect can be found in the codes copied in the Textus Roffensis, a manuscript containing the early laws of Kent. The dialectical peculiarities of Northumbria are also striking in some codes, while Danish words appear as technical terms in some documents, especially those written in the eleventh century. With the Norman Conquest, Latin took the place of English as the language of legislation, although many technical terms of English, for which Latin had no equivalent expression, were retained. The main difference between the two systems is that in common law countries, case law – in the form of published judicial notices – is of paramount importance, while in civil law systems, codified laws prevail. But these divisions are not as clear as they may seem. In fact, many countries use a mixture of features of the general law and civil law systems. Understanding the differences between these systems first requires understanding their historical underpinnings. Each country has its own traditions and policies, so it is important for those who want to learn more about the role of lawyers in a particular country to do additional research. However, some civil law systems do not correspond exactly to this typology. Polish law developed in the 19th century as a mixture of French law and German civil law. After the reunification of Poland in 1918, five legal systems (French Napoleonic Codex of the Duchy of Warsaw, German Civil Code of Western Poland, Austrian ABGB of Southern Poland, Russian Law of Eastern Poland, and Hungarian Law of Spisz and Orawa) were merged into one.
Similarly, although originally codified in the Napoleonic tradition, Dutch law was significantly modified under the influence of the dutch indigenous tradition of Romano-Dutch law (which is still in force in its former colonies). The tradition of Scottish civil law is strongly based on Romano-Dutch law. Swiss law is classified as Germanic, but it was heavily influenced by the Napoleonic tradition, with some indigenous elements also added.
