The Birth of the Jury of Presentment and the Canonical Procedure inEngland
| Project/Area Number |
22730008
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | Kumamoto University |
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Principal Investigator |
SONODA Aya 熊本大学, 法学部, 准教授 (80325539)
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| Project Period (FY) |
2010 – 2012
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| Project Status |
Completed (Fiscal Year 2012)
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| Budget Amount *help |
¥3,900,000 (Direct Cost: ¥3,000,000、Indirect Cost: ¥900,000)
Fiscal Year 2012: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2011: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2010: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
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| Keywords | 基礎法学 / 西洋法制史 / コモン・ロー / カノン法 / 陪審 |
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| Research Abstract |
The purpose of this study is to make clear the reason why the juryof presentment was born in England in the later twelfth century. By analyzing the Assizeof Clarendon of 1166 and c.6 of the Constitutions of Clarendon of 1164, and investigatingthe procedure of the royal courts and the ecclesiastical courts from a practical pointof view, I have obtained the following results. Firstly, the inquisitorial procedure hasbeen used alongside other procedures in the ecclesiastical courts in the twelfth century. Secondly, in the ecclesiastical courts, the archdeacon played both parts of a prosecutorand a judge at the same time in the inquisitorial proceeding. Thirdly, at that time therewere many complaints that the archdeacons abused their authority. Fourthly, thesesituations seem to have made King Henry II issue c.6 of the Constitutions of Clarendon,which is only one step to the Assize of Clarendon by which Henry II introduced the juryof presentment into the royal courts
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Report
(4 results)
Research Products
(1 results)
