2001 Fiscal Year Final Research Report Summary
Law and Justice in Twelfth Century England seen through the Anstey Case
| Project/Area Number |
12620007
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | KYUSHU UNIVERSITY |
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Principal Investigator |
NAOE Shinichi Kyushu University, Graduate School of Law, Professor, 大学院・法学研究院, 教授 (10164112)
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| Project Period (FY) |
2000 – 2001
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| Keywords | Anstey Case / Anstey Memo / Royal Justice / Ecclesiastical Justice / Arexander III / Henry II / Papal Judge Delegate / John of Salisbury |
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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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