Хатунов С.Ю. Труды Генри Брактона и английское право

Аннотация: One can hardly imagine English Law and its history without Henry de Bracton’s tractate “On the Laws and Customs of England” and Bracton’s Note Book. These writings have been determined the developing of English Law and was its greater part in centuries to come. As yet they are relevant inasmuch as being the foundations of common law and authorities. In the article there is emphasized the relevance of Bracton’s writings and its especial part in genesis of modern English Law. Examination of his ideas or legal constructions demonstrates their contemporaneity. Being the authoritative source of English Law Bracton’s writings mainly appeared in subsequent Coke’s Reports and Grand Abridgment. It’s assumed the appeal to Bracton was necessary to meet a threat of absolutism. Author examines the treatise to show the relevance and importance of Bracton’s treatise. He laboured five key moments both of treatise itself and English Law: Romanism, case law, malice, third type of writ “magistralia,” and Bracton’s impact on the further development of English Law. Examining of everyone of above-mentioned moments he analyzes Bracton’s treatises as well as all the English Law. This also helps author to show relevance and manysidedness both of Bracton himself and his tractate. Medieval schools of legal thought haven’t been issued any other so detailed and thoughtful tractate in previous times. The level of treatment of all these five key moments is high, and the treatment is detailed. Bracton is the personification of the early English Law period, as well as of late one. He played important role in a developing of common law. It is safe to say the house of modern English Law is built on the rock of Bracton’s treatises. The effect of his work we can see today as well as in earlier times. English legal historians consider Bracton and his treatises have impacted on the history of XIV century England, as well as on the history of English Law. Virtually, all English legal literature written since XIII century tells us of English lawyers lived with Bracton dwelt within their hearts all these centuries long.

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Abstract: One can hardly imagine English Law and its history without Henry de Bracton’s tractate “On the Laws and Customs of England” and Bracton’s Note Book. These writings have been determined the developing of English Law and was its greater part in centuries to come. As yet they are relevant inasmuch as being the foundations of common law and authorities. In the article there is emphasized the relevance of Bracton’s writings and its especial part in genesis of modern English Law. Examination of his ideas or legal constructions demonstrates their contemporaneity. Being the authoritative source of English Law Bracton’s writings mainly appeared in subsequent Coke’s Reports and Grand Abridgment. It’s assumed the appeal to Bracton was necessary to meet a threat of absolutism. Author examines the treatise to show the relevance and importance of Bracton’s treatise. He laboured five key moments both of treatise itself and English Law: Romanism, case law, malice, third type of writ “magistralia,” and Bracton’s impact on the further development of English Law. Examining of everyone of above-mentioned moments he analyzes Bracton’s treatises as well as all the English Law. This also helps author to show relevance and manysidedness both of Bracton himself and his tractate. Medieval schools of legal thought haven’t been issued any other so detailed and thoughtful tractate in previous times. The level of treatment of all these five key moments is high, and the treatment is detailed. Bracton is the personification of the early English Law period, as well as of late one. He played important role in a developing of common law. It is safe to say the house of modern English Law is built on the rock of Bracton’s treatises. The effect of his work we can see today as well as in earlier times. English legal historians consider Bracton and his treatises have impacted on the history of XIV century England, as well as on the history of English Law. Virtually, all English legal literature written since XIII century tells us of English lawyers lived with Bracton dwelt within their hearts all these centuries long.

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