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Unit 2,诺曼人统治时期 (1066-1381),1. Feudalism after the Norman Conquest 2. the origin of Whitsun 3. the Common Law 4. the Domesday Book,Key Points of Unit 2,- An Outline History of England -,2,After the Norman Conquest,Under William, the feudal system in England was completely established.According to this system, the King owned all the land personally.,4,- An Outline History of England -,I. Feudalism after the Norman Conquest,William gave his barons large estates in England in return for a promise of military service and a proportion of the lands produce. These estates were scattered far and wide over the country, so that those who held them could not easily combine to rebel the king.,5,- An Outline History of England -,The lands that William gave to his lords were called fiefs (封地). The recipients of the lands were called vassals (封臣). One peculiar feature of the feudal system of England was that all landowners must take the oath of allegiance,not only to their immediate lord, but also to the king.,6,- An Outline History of England -,Pentecost is recognized as the birth of the Church. Whit Sunday is a favorite day for baptism. It is thought that because people are often baptized dressed in white, Whit Sunday was probably originally known as White Sunday.,9,- An Outline History of England -,Twenty years after the Conquest (1086), William sent officials to every town throughout England, with power to call together the leaders of towns, examine them, and to make a complete survey of the economic life the country.How much land? Who holds it? How much is it worth? How many ploughs? How many oxen, sheep, swine?,III. The Domesday Book,10,- An Outline History of England -,末日审判书,11,- An Outline History of England -,To further extend his grip on England, William I ordered that a book be made containing information on who owned what throughout the country. This book would tell him who owed him what in tax and because the information was on record, nobody could dispute or argue against a tax demand. This is why the book brought doom and gloom to the people of Englandhence “Domesday Book“.,12,- An Outline History of England -,The nickname Domesday may refer to the Biblical Day of Judgement(圣经宣判日), when Christ will return to judge the living and the dead. The decision of what someone owed was finalrather like Judgement Day when your soul was judged for Heaven or Hell.,- An Outline History of England -,13,To provide the necessary information for collecting tax; To give the King a detailed knowledge of the distribution of the wealth, lands and revenues of vassals.The significance for us: It presents a comprehensive of the social structure of England at the time when it was made.,14,- An Outline History of England -,Two objectives,1. In common law legal system, the law is created or refined by judges: a decision in the present case depends on decisions in former cases and this decision affects the law to be applied in future cases. 2.When there is no authoritative statement of the law, common law judges have the authority and duty to “make” law by creating precedent (先例). The body of precedent is called “common law“ and it affects future decisions. 3. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision .,IV. The Common Law,- An Outline History of England -,15,英美法系亦称普通法系或海洋法系,普通法是来自英文Common Law,即普遍通用之意,与大陆法系并称为当今世界最主要的两大法系。范围包括英国(除苏格兰)、美国(除路易斯安那州)、加拿大(除魁北克省)、澳洲、广大的英语国家和地区及很多前英国殖民地,香港也包括在内。与大陆法系相比,英美法系多不成文法,尤其是判例法,强调“遵循先例”原则;法律制度和法学理论的发展往往依赖司法实务人员(尤其是高等法院法官)的推动,即法官实质上通过做出判决起到了立法的效果。,英美法系,- An Outline History of England -,16,
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