苏格兰法律的由与发展.docVIP

苏格兰法律的由来与发展 世界上有两种 Legal System， 一种是 Continental 或者称作 Civilian， 这个System是基于 Roman Law，普及在欧洲国家。 另外一种System是 Anglo-American System，这个System基于英国的 Common Law，这种法律System的运作框架正和这个 Legal System 的名字一样；普及在英格兰，美国以及以前的大英帝国殖民地，例如加拿大和澳洲。 苏格兰的 Legal System 是基于上述两种 Legal System 的一个 混合 Legal System。 It is said to have more empathy with the civilian systems of law in many respects. However, there is no doubt that the strongest influence for several centuries has been the law of England. Nevertheless, the Scots system retains significant elements of difference which have been protected by the Act of Union 1707 and jealously guarded by the courts since that time. 从1603年到1707年，苏格兰和英格兰有着自己分明的两个不同的最高统治者，共同分享最高统治阶级的权利。两个国家都拥有他们自己的国会，幷且，各个独立的国会也撰有不同的法律。 在1707年，英格兰和苏格兰国会同意在签订条约下合二为一；苏格兰国会与英格兰国会相互承认交换生效法律文书，旧有的两个国会被废除，新成立的国会落座在 英格兰 伦敦 成为 Great Britain 的一个全新的国会。Although this meant that there was now only one Law-making body between the two countries, it did not mean that Scots Law was abolished, since the Treaty, and then the Acts of Union, preserved the status of Scots Law and the Legal System. So, what was the important about this Legal System that was preserved by the Treaty? As noted above, it was a mixed system of law, derived from various historical influences. One of the main influences was of cause that of English Law, particularly before 1296, when Norman noblemen and clergy settled in Lowland Scotland bringing their feudal system of land tenure and justice. Another great influence at this time was the Church of Rome and its canon law. It is thought that canon law introduced elements of established. The idea of the king as fountain of justice helped to establish a more uniform system of law; cases were commenced by the issue of a writ or brieve in the kings name. This brieve would require an official to carry out an action or investigation. 从1296 至 1603， 苏格兰 与 英格兰 不断的爆发战争，苏格兰与法国结为盟国，thus encouraging influence from the Continent. Regular meetings of Parliament