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American law

2018-10-08 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- American law,供大家参考学习,这篇论文讨论了美国法。美国法作为普通法系的重要代表,继承并发展了英国普通法,特别是二战后,美国法取得了西方国家法律上的领导地位,为普通法系的发展做出了重要贡献。在北美独立战争时期,美国制定了迄今仍生效的宪法,确立了联邦制和其他基本政治制度,几经曲折,至19世纪中叶,才确立了普通法传统。

American law,美国法,essay代写,作业代写,代写

As an important representative of the common law system, American law inherited and developed the British common law. Especially after World War II, American law gained the leading position in the western countries' legal sense and made important contributions to the development of the common law system. By expounding the evolution process of American law, this paper analyzes how it inherits and develops English common law in different stages, and what influence it has exerted on the laws of various countries in the world.

American law is an important representative of the common law system, which is developed on the basis of inheriting English common law and has formed a unique legal system. Is rooted in the American method to conquer and rule of the British colonies in North America, these colonies as Germany is zweig's and, analysis of jurists, belong to "settlers moving for the first time has not been occupied by people or only in early civilization, the political organization of the natives of colony", can be called a colony "transplanted", the British common law belongs to "transplanted" laws in the United States.

Colonial American law refers to the period from the beginning of the 17th century, when Britain established colonies in North America to the period before the American revolutionary war broke out in 1776. This period is the origin of American law.

In the 17th century, British law in colonial America had certain impact, but it failed to gain dominant position, this period plays a main role in the local is a colonial laws, these laws is the original, simple, some colonies even in the bible as a basis for the resolution, the cause of this situation has the following several aspects: the relaxation of colonial rule. During this period, Britain was still in fierce competition with other European colonial countries for the absolute rule of the colonies, which made the laws of the colonies somewhat diversified. The economic and social situation created by English law is quite different from that of the north American colonies. English common law originated in feudal society, which was highly feudal and conservative. However, in the north American colonies at that time, slavery, feudal system and capitalist system co-existed, so common law could not solve new problems faced by the colonies. The English common law had a complicated procedure, which required specialized legal personnel to implement it. However, the North American colonies lacked specialized legal talents and even few legal books. At that time, the colonists did not really know English common law. The colonists had an instinctive rejection of English law out of personal suffering or dissatisfaction with British colonial rule. Even the British immigrants, many of whom had migrated to the colonies in order to escape the persecution of Britain, had an antipathy towards British law. Fifth, the pressing need for law in the practical life of the colonists. Because of the many difficulties in the implementation of English law, the colonies were in urgent need of laws. At that time, some colonial laws were applied on the basis of the bible and a kind of natural equity law was derived. It also showed that the inclination of American law to make law different from British law existed in the early colonial period.

During this period, the influence of British law in the colonies in North America increased significantly. In order to strengthen the rule of the colonies, the governors of each colony implemented the English common law through administrative compulsion and rejected the laws passed by the colonial parliament. In addition, the constant development of colonial economy required corresponding laws to be adjusted. However, the British law at that time was adapted to the development of capitalist economy and went towards modernization, providing ready-made norms for adjusting colonial economic relations. English common law literature and knowledge were widely disseminated, especially blackstone's interpretation of English law published in the United States, which had a profound impact on American law. The emergence of lawyer-centered professional jurists prepared the conditions for the spread and application of English common law in the United States.

The period from the outbreak of the revolutionary war to the end of the civil war in the 19th century was the formative period of American law. The American war of independence swept away the legal obstacles on the path of the independent development of American law. From this period, American law became the law of an independent country. During this time, the United States created a constitution that still stands, federalism and other basic political systems, and, through many twists and turns, established the common law tradition.

On July 4, 1776, the second continental congress of the representatives of the colonies adopted the declaration of independence, which marked the beginning of American independence and the beginning of the legal system as a country.

In 1777, the articles of confederation was enacted, which was the fundamental law of the United States before the federal constitution came into force in 1789.

In 1787, the constituent assembly in Philadelphia enacted the federal constitution, which came into force on the date of the first congress convening on March 4, 1789. The first congress also passed articles 1 to 10 amendments to the constitution, which came into force in 1791, and became known as the bill of rights of the United States. The division of federal and state authorities in the federal constitution and amendments to the constitution prompted the formation of a two-track U.S. federal and state court system.

Before the mid-19th century, there were obviously two tendencies of English common law and codification in the United States. The idea of legal independence emerged after the independence of the state; the royalists, who knew English law well, sent lawyers and judges to flee the United States. France became an ally of the United States. The heated debate over codification in New York state in the mid-19th century epitomizes both these tendencies, and indeed the struggle between the English and continental traditions. At that time, the New York state constitution required to draft the "written and systematic code". As the representative of the codification school, lawyer field of the codex drafting committee insisted on the codification, believing that the code could make the law fixed, deterministic and predictable, and opposed the judges to become legislators like the British. Carter, the President of the American bar association, led the opposition to the codification. He believed that the rules for regulating people's behavior came from habits. The precedent only indicated the public recognition of social habits. The struggle between these two trends ended in victory for the common law tradition, which the United States established as a whole, with the exception of Louisiana.

The reason why the common law tradition was established in the United States in the 19th century: economically, with the rise of commerce and the development of capitalism, the United States required a relatively complete legal system to adjust increasingly complex social relations, but at that time there was no independent American legal system to replace the role of foreign laws. , in the history of English law was once a colonial America has the highest influence of foreign law, before the war of independence, the common law tradition has legislative, judicial and legal education in the colonies laid a brand, after the 18th century British ushered in its commercial economy, English law in order to meet the needs of era, after the 1830 s of bentham reform, overcome the influence of many feudal residues, completed the modernization, and therefore easy to accept for the American people. Politically, the British immigrants in North America used the so-called "common law right" in their fierce struggle with the British government and representatives of their colonies to defend themselves against the tyranny of the king. It can be seen that the struggle for independence under British rule, in a sense, promoted the reliance of the United States on the British common law. With the recognition of American independence by Britain, national contradictions were resolved, anti-british emotions gradually disappeared, and nostalgia emotions were revived. Culturally, the common language and national traditions were central to the acceptance of the common law tradition, since most of the inhabitants of the United States at the time were English speaking British immigrants. Most of the legal books that were popular in the United States at that time were English law books. Coker's general theory of English law and braxton's interpretation of English law were published in the United States, and their sales volume was almost as large as that in Britain. As a result, British law naturally penetrated the United States. Method in the United States in fact have origin relations with the English law, the United States after independence, develop in the UK or in American universities cultivate judges and jurists, able to master the technical complexity of English law, and study the method of data, published to follow the common law tradition writings, actively promote the inheritance of English law, representative character of Kent and stowe, the first published in 1826-1830 "the commentaries on the law, the specific use of English common law in the United States to become the first authoritative writings.

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