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A Study of the Roman and Canon Law Influence upon the nascent Common

Research Project

Project/Area Number 06620004
Research Category

Grant-in-Aid for General Scientific Research (C)

Allocation TypeSingle-year Grants
Research Field Fundamental law
Research InstitutionKYUSHU UNIVERSITY

Principal Investigator

NAOE Shinichi  KYUSHU UNIVERSITY,LAW,PROFESSOR, 法学部, 教授 (10164112)

Co-Investigator(Kenkyū-buntansha) NISHIMURA Shigeo  KYUSHU UNIVERSITY,LAW,PROFESSOR, 法学部, 教授 (30005821)
Project Period (FY) 1994 – 1995
Project Status Completed (Fiscal Year 1995)
Budget Amount *help
¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 1995: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1994: ¥1,100,000 (Direct Cost: ¥1,100,000)
KeywordsCommon Law / Roman Law / Canon Law / Procedure / 訴訟手続 / 中世ローマ法
Research Abstract

1 The purpose of this project is to reconsider the influence of the leaned law (roman and canon law) upon the nascent common law in England, by means of analyzing the anonymous tract on procedure in ecclesiastical and secular courts which has been called Consuetudines Diversarum Curiarum, written in c. 1230.
2 The main research results are summarized in these points.
(1) There exist two MSS of the tract. One is the Gonvill and Caius College, Cambridge, 205/111, pp. 409-429. The other is the Cambridge University Library Mm. I.27, ff. 76v-77v. The latter is copied from the former, although the latter lacks those parts of the tracy which deal with ecclesiastical courts. The printed edition of H.G.Richardson & G.O.Sayles is based only on the former, and turns out to be insufficient.
(2) There are procedual similarities between the proof by witnesses in ecclesiastical courts and the jury trial in secular courts.
(3) By the side of oral proceedings, we notice the use of written instruments in secular courts as well as in ecclesiastical ones.
(4) The very existence of the procedual manual of this sort speaks for the demand among the people who were supposed to be concerned with both ecclesiastical and lay courts. We should not overlook the mutual influences between the canon law and the common law in twelfth and thirteenth century England.

Report

(3 results)
  • 1995 Annual Research Report   Final Research Report Summary
  • 1994 Annual Research Report

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Published: 1994-04-01   Modified: 2016-04-21  

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