| Budget Amount *help |
¥3,100,000 (Direct Cost: ¥3,100,000)
Fiscal Year 2001: ¥1,600,000 (Direct Cost: ¥1,600,000)
Fiscal Year 2000: ¥1,500,000 (Direct Cost: ¥1,500,000)
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| Research Abstract |
Main results of this research can be summarized as the following.
Firstly, as to the structure of legal profession at the time, the existence of learned jurists in the ecclesiastical courts means the penetration of documentary procedure there. On the other hand what placitatores and auxilii actually did in royal courts aren't certain.
Secondly, the case shows the collaboration between secular justice (royal court) and sacred justice (court of the archbishop of Canterbury and that of the pope). Judging from the case, c.8 of the Constitutions of Clarendon in 1164, according to which it was necessary to get royal permission to make appeal to Rome, was, as Henry II maintained, regni consuetude.
Lastly, the case was very significant in the history of marriage law. As is said, Alexander III adopted the Parisian theory which emphasized the consent of the parties and according to which consummation was not needed to constitute a marriage. The case, however, played a very important role in Alexander III's decision and it was, it might be said, a prime mover towards such direction.
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