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This book provides an introduction to the English legal system and its development during the period c 1215-1485. It affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages. The book considers the theoretical and ideological aspects of medieval law and justice, examining the concepts and discourses to be found in official and non-official circles. It concentrates on manifestations of crime and disorder and the royal response to this in the form of the development of judicial institutions. The book then looks at the dispensation of justice both inside and outside the courtroom. It examines in detail the machinery and functioning of criminal justice both in the royal courts and in those autonomous areas exercising delegated powers. The book also considers the use of extra-judicial methods, such as arbitration and 'self-help', to illustrate the interaction of formal and informal methods of dispute settlement. It focuses on the personnel of justice, the justices of the central courts and the local officials who carried out the day-to-day administrative tasks. The smooth and successful operation of the judicial system was challenged and sometimes hindered by the existence of corrupt practices and abuse of its procedures.
-official circles. The next section concentrates on manifestations of crime and disorder ( Chapter 3 ) and the royal response to this in the form of the development of judicial institutions ( Chapter 4 ). The third section looks at the dispensation of justice both inside and outside the courtroom. Chapter 5 is pivotal to the book and examines in detail the machinery and functioning of criminal justice both in the royal courts and in
later into a judicial question’. He was certainly correct, although he could not have anticipated the extent to which the Supreme Court (the highest judicial body) in particular would become involved in controversial decisions. Much of the work of the Court is related to social and political matters that have a direct impact on everyday life – for instance, whether an abortion should be performed, convicted murderers executed or minimum working standards be imposed. In America, the Supreme Court is clearly a political as well as a judicial institution. In applying the
"This chapter investigates how medieval entities and rulers resolved disputed questions of fact and law through one particular method: arbitration. It was, and continues to be, one of the most common ways to resolve conflict, secure peace and deter future violence. Its frequent and sustained use as a method to settle disputes at lower levels of society during the whole of the medieval period and across most geographical areas has often been acknowledged by scholars, but, in an international context, it has been seen primarily as a late-medieval phenomenon, involving the papacy or merchant towns, e.g., those of the Hanseatic League.
The chapter argues that in the period before 1200, arbitration was a relatively rare method for determining disputes between rulers, yet it was one that had a clear process with specific terminology, procedure, and expectations. More commonly, the evidence show that parties used arbitration panels, drawing an equal number of men from each side, to discuss, determine, and decide disputes over individual stipulations in treaties. This chapter hence demonstrates the involvement of both individuals and communities in conflict resolution, their authority and ability to make decisions on matters in dispute, and how they encouraged, coerced, or reinforced obligations and responsibilities agreed in treaties. In short, there were well-developed strategies for resolving international disputes, employing judicial institutions that were widely used and known to all parties.
; general principles of law; judicial decisions; the views of legal scholars. In addition, it is accepted by international law scholars that other sources of law exist. These other sources are: unilateral legal acts; binding decisions of international judicial institutions
, another fear – fear of the abusive and predatory side of state power – is of equal importance for any account of political rights and justice. The fact remains that states possess an unparalleled power to harm and abuse citizens. The twentieth century’s grim history of genocide and massacre, disappearances, torture, arbitrary detention, forced marches and ethnic cleansing reminds us how terrible the power of the state can be when not constrained by just laws and judicial institutions. We risk a kind of historical myopia if we view terrorism as posing a unique threat to
against corruption and organised crime, strengthening the independence and efficiency of judicial institutions and the protection of minorities. In the case of accession negotiations with Turkey, which started on 3 October 2005, the focus can be expected to shift to even more fundamental questions – the level of respect for national authorities in the context of the problems in Turkey’s south-east, the
when deciding to invest in a foreign country and weigh more heavily in the decision-making process than economic conditions, regime type, taxation, political rights, proximity, or any other determinant. 50 From the corporate perspective, IIL and ISDS can be seen as forming part of the judicial institutions that uphold property rights and safeguard investment safety. After all
legitimacy constructed? The agents present within this domain are often many and varied, including families, non-governmental organizations, civil, religious and judicial institutions, survivors’ associations, judges, and the media themselves. The combined contributions here show that the agents may be local or national, often reinforced by an intervention (technical, legal, political, or financial) emanating from elsewhere and frequently from abroad, by way of criminal courts, governmental or non-governmental organizations, or occupation or peacekeeping forces. With
, all of whom seem to have been secular lords and one of whom was Barral, viscount of Marseille. A different strategy, but one that also drew on known judicial institutions, was anticipated in the Treaty of Messina (1190). Here, it was the enforcement methods that Richard I of England sought to put on a firm legal footing by approaching Pope Clement III and giving him power to ‘coerce’ either