英国essay写作-English common law

1、essay写作网（）-专业留学生作业辅导中心英国essay写作-English common lawThe common law tradition, in a nutshell, is that judges confront reality by appealing to history. Most beginners of law have a basic impression of English law, that is, the common law is a law focusing on historical traditions. Lord pollock of England confirmed this general view, saying: I am a jurist; In my opinion, it is impossible for a man to understand English law without much more knowledge of historical criticism than is usually found in t

2、extbooks. Similar discourses are common in British and American legal works. Thus it can be seen that history and jurisprudence have a natural connection under the common law tradition, and even the common law is one of them. Even if they are separated, history is in a more fundamental position.简而言之，普通法传统是法官通过诉诸历史来面对现实。大多数法律初学者对英国法律都有一个基本的印象，即普通法是一种侧重于历史传统的法律。英国的波洛克勋爵证实了这一普遍观点，他说：“我是一个法学家，在我看来，一个人如果没有比教科书中更多的历史批评知识，就不可能理解英国法律。类似的论述在英国和美国的法律作品中很常见。由此可见，在普通法传统下，历史与法学有着天然的联系，甚至普通法也是其中之一。即使它们是分开的，历史

3、也处于一个更根本的位置。But in the common law tradition, history is not understood as a concept of time as opposed to reality. The past cannot be recreated, so history and reality coexist in the present. They are the connection between the known critical reconstruction and the unknown possibility selection. Despite the seeming common people can according to the social, moral, knowledge gained from experience or more, a philosophy, a religion to guess that link, but only by skilled judge accurately discern t

4、his association, and on the premise of meet the requirements of procedures designed to decide how to reconstruct history of judgment, as well as how to discover in a wide range of possibilities in the parties seem to have been a very appropriate solution. In addition, judges are required to impart their own personal skills to the younger generation in the process of learning from the older generation.但在普通法传统中，历史不被理解为与现实相对的时间概念。过去是不能再创造的，所以历史和现实是并存的。它们是已知的“临界重建”和未知的“可能性选择”之间的联系。尽管表面上普通人可以根据社会、道德、

5、知识或经验获得更多，一种哲学、一种宗教来猜测这种联系，但只有通过熟练的法官才能准确地辨别这种联系，并在满足程序要求的前提下，设计出决定人与人之间关系的程序。重建历史的判断力，以及如何“发现”各种可能性，在当事人看来是一个非常合适的解决办法。此外，法官还必须在向上一代学习的过程中，向下一代传授自己的个人技能。In 1607, English judge Edward kirk first explained the difference between acquired technical rationality and innate natural rationality in forbidding the king to hear the case. He pointed out: technical rationality needs to be acquired through long-term learning, observation and practical experience. It is not owned by everyone, because no one

6、is born a technical rationality. This judicial rationality is the highest rationality. Thus, even spread to all in the mind of reason to a persons mind, he still cant work out laws like the law of England, because in the continuous generation after generation inheritance, in the long years of the law of England got countless serious, knowledgeable of repeated temper, through long-term practice to get this perfect, used to rule the kingdom.1607年，英国法官爱德华柯克在禁止国王听证一书中首次解释了后天技术理性与先天自然理性的区别。他指出：“技术理性需

7、要通过长期的学习、观察和实践经验来获得。它不是每个人都拥有的，因为没有人天生具有技术理性。这种司法理性是最高的理性。因此，即使把理性的思想传播到一个人的头脑中，他仍然不能制定出像英国法律那样的法律，因为在一代又一代的继承中，在英国法律的漫长岁月中得到了无数严肃、博学的反复磨炼，通过长期的磨炼，使他成为一个真正的人。呃，练习如何做到完美，习惯于统治王国。”Thomas Hobbes, a political philosopher, did not think so. In his opinion, technical rationality is just a kind of packaging of natural rationality. It should not deviate from natural rationality, and if it does, it should be balanced. Therefore, technical rationality is nothing more than judge kirk once again using his u

8、sual skills to separate judicial rationality from human rationality. Its purpose is to separate what elites think from what the public knows on the one hand, and the power of the court from the power of the king on the other hand. To this end, Hobbes wrote the dialogue between philosophers and English lawyers, in the hope of showing the legal profession that a man in his clothes is a man.Judge Matthew hale responded by accusing Hobbes of being a loose cannon who ignored the political reality of

9、the monarchy denying its subjects their freedom in the name of natural reason. Most people who believe in technical rationality believe that judge kirks theory is more historical. Judge kirk emphasized the self-sustaining character of the common law without external interference, which is guaranteed by the stable inheritance of skills between generations. Moreover, based on the laws demand for certainty, judges cannot act arbitrarily like philosophers, and their independent thinking and discretion are also strictly limited by historical materials. To the average person, the law is very restrictive. But judges of skill, even when they speak freely, even when they let their emotions rule them, always base their opinions on just the right historical facts and meet the requirements of a strict legal process. It can be said that craftsmanship builds a free kingdom exclusive to legal people. As for this function of craf

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