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

2015 Fiscal Year Final Research Report

• 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
• 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

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.

Free Research Field

基礎法