|
High, middle and low justices are notions dating from Western feudalism to indicate descending degrees of judiciary power to administer justice by the maximal punishment the holders could inflict upon their subjects and other dependents. ==Pyramid of feudal justice== Although the terms ''high'' and ''low'' suggest a strict subordination, this was not quite the case; a case could often be brought in any of several courts, with the principle of "prevention" (in the etymological sense of Latin ''praevenire'', "to come before") granting jurisdiction to the court in which the case was first filed or otherwise brought. As a rule, each court administered justice in general (criminal cases were generally not separate from civil actions and other types of justice, while certain matters were separated such as canon law), as long as the matter was not reserved for a higher court or by virtue of some ''privilegium fori'' (e.g., of clerics to be judged in canon courts by other clergy, sometimes under ecclesiastical law, the origin of the English common-law concept—benefit of clergy). In addition to civil and criminal trials, the notion of justice also included ''voluntary justice'', which is really the official recording of deeds (unilateral or bilateral) such as marital agreements, wills, grants, etc. A right of appeal was not automatically available, only when explicitly established, and if so not always to a court of the superior political level and/or a higher degree of our trio. In fact, feudal justice was a labyrinth of specific customs and rules in nearly endless variation, not governed by any clear legal logic, and subject to significant historical evolution in time, though the largely customary law tended by nature to be quite conservative. In judicial matters—as in all spheres of life—feudal society did not see uniformity as either possible or necessarily desirable, each town and region having its own customs and ways of doing things, and resented attempts to interfere with them. While the right of justice is held by many "unique" courts, relatively strong states make it a pillar of their absolutist (re)emergence to establish numerous courts to administer justice in their name in different territorial circumscriptions, such as the royal (high) sheriffs in England, and/or to impose an appeal (at least unifying the law as such) to a royal court, as to the various French provincial parlements. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「High, middle and low justice」の詳細全文を読む スポンサード リンク
|