The Judicial Procedure of the ecclesiastical courts and the royal courts in the twelfth century of England

Research Project

Project/Area Number	25380010
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Multi-year Fund
Section	一般
Research Field	Fundamental law
Research Institution	Kumamoto University
Principal Investigator	SONODA Aya 熊本大学, 法学部, 教授 (80325539)
Project Period (FY)	2013-04-01 – 2016-03-31
Project Status	Completed (Fiscal Year 2015)
Budget Amount *help	¥4,810,000 (Direct Cost: ¥3,700,000、Indirect Cost: ¥1,110,000) Fiscal Year 2015: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000) Fiscal Year 2014: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000) Fiscal Year 2013: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
Keywords	イングランド法制史 / コモン・ロー / 学識法 / 証拠法 / 訴訟手続 / 基礎法学
Outline of Final Research Achievements	This research analyses some cases including the case of St. William of York by consulting many judicial sources, and considers the judicial process of the ecclesiastical courts and the royal courts in the twelfth century of England from the point of view of the law of proof. Then it could make clear the relationship of the judicial procedure between the Canon Law and the English Common Law in the period. The English jury of presentment has introduced into the royal courts under the influence not of the inquisitorial procedure but of the procedure based on the ill fame in the ecclesiastical courts. And there were a lot of ways of proof available for the litigants in the both courts.