Course Aim: To provide an introduction to the
English legal system and to legal translation
Topics:English and French law, labour law, torts,
contracts, legal translation
Assessment : Final Exam (essay + translation)
Jan Nowacki
jan@xynal.com
0623135588
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Wk 1 History of Common Law
Wk 2 Comparison to French law
Wk 3-4 Labour law
Wk 5-6 Torts
Wk7-8 Contracts
Wk9- Case Study
Wk11- Review
Wk12 – Final Exam
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The Council of Europe French- English Legal
dictionary 1994
Bouscaren, C., Greenstein, R., Les bases du
droit anglais 1993
Dhuicq,B., Frison, D., L’anglais juridique 2008
Dhuicq,B., Frison, D., Dictionnaire de l’anglais
juridique 2008
Shears.P., Stephenson G., James’ Introduction
to English Law 1996
Smith, K., Keenan,D., English Law
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Legal system of England and Wales only – “the
laws of England and Wales” from1967
 Basis of most legal systems in the
Commonwealth, the US
 ‘England’: Statutory Framework:
-Great Britain (England, Wales, Scotland)
- United Kingdom (Great Britain & Nth. Ireland)
- British Islands (UK, Isle of Man, Channel
Islands)
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Common Law vs Civil Law:
no major codification, judicial precedents
binding, not persuasive
Common Law: made by judges in court
applying knowledge and common sense of
legal precedent to the facts presented
Can be amended by Acts of Parliament,
European Court of Justice
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Evolution of pre-Common Law:
Ethelberht: Dooms (judgments) of Kent ‘in
accordance with Roman precedents’ (Beda)
Ine : publishing Laws of Wessex (c.690)
Ordinance of Alfred (c. 900)
Code of Canute (1035)
Dooms of Canute the Dane most
comprehensive statutes of the 11th Century
Distinguish between law and right
Dooms are distinct from Canon Law
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Justice primarily through canon courts
presided by religious and lay judges
Anglo-Saxon tradition’ king as protector of
the realm, corrector of wrongs’
Development of Shires, Counties and
Hundreds
‘Personal Laws’ evolving into ‘Local Customs’
into customary laws
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Battle of Hastings
 Merging of Frankish and Anglo-Saxon Law
 English Law as offspring of Frankish Law
- Early texts in French, private law technical
terms of French origin
-Domesday Book :importance of taxes
Legis Henrici Primi (c.1115) comprehensive
law-book by Glanvill
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Changes Implemented
Began sending judges from central court
Emergence of unified court system and stare decisis,
emergence of common law
 Henry II vs Thomas Becket
 who has greater authority?
 - what to do about bastards (1230)?
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Angevin Legal reforms:
1.Royal legislation: Assizes (Clarendon 1166,
Northampton 1176 )
2. beginning of travelling Royal Justices( circuit
judges)
3. Creation of Juries
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“Inquiry shall be made throughout every
county and hundred, through 12 of the more
lawful men of the hundred and 4 of the more
lawful men of each village upon
oath...whether there be... Any man accused
or notoriously suspected of being a robber or
murderer or thief. All accused by the
presenting juries were to be put to ordeal of
water...” Professor John Hudson 15/10/2010 bbc.co.uk
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1.Assize of novel dissein:
- Recent dispossession of land
 2.Assize of mort d’ancestor:
- Disputed inheritance
- Royal Writ sent to Sheriff to form a jury
- Traditional approach ‘who had the greater
right to land?’
- New approach: fast and focused on specific
issue, with clear procedure
- Law now protected tenants from landlords by
appealing directly to the King
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Emerged from adaptation of Writ System to
meet everyday needs
Casuistry or Case-based reasoning
Applying common sense and precedent
Need for a body of internally consistent law
Evolving system eg. Pie Powder Courts (“pied
poudrés”) to Law Merchant
Precedent or Stare Decisis : need for
standardised procedures and predictable
outcomes. Decisions in Supreme Court are
binding and overrule all others.
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Signed by King John under duress
 End of 150 years of harsh Norman Penal code
 First House of Commons( Runnymede,1215)
Thomas Macaulay “ Then it was that the
common law rose to the dignity of a science
and rapidly became a not unworthy rival of
the imperial jurisprudence” (History of
England)
 Consolidated in 1297
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‘No Freeman shall be taken or imprisoned, or
be disseised of his Freehold, or Liberties, or
free Customs, or be outlawed, or exiled, or
any other wise destroyed; nor will We not
pass upon him, nor condemn him, but by
lawful judgment of his Peers, or by the Law of
the land’ Domesday Book
Origins aren’t clear
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Professionalising of judges, closer attention
to forms
Growing awareness of limits of common law
Writ System Remedies (money)
Procedure
Defences and Corruption
Trusts and Mortgages ‘Equity of Redemption’
Equity ‘to mitigate the rigor of common law’
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Chancellor judges cases ‘in light of conscience
and fair dealing’ (Smith and Keenan)
Chancellor issues a subpeona to attend
Westminster courts
Conflict between clerical equity and lay
common law
1873-5 Courts of Law and Equity combined,
equity supreme
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The agent’s non-performance of the terms and conditions
led to a discharge of the contract
The plaintiff had wanted to waive his rights but the other
party insisted that he should carry out his obligations.
Infringement of public policy provisions can cause the
agreement or parts thereof to be rendered nul and void
Freedom of contract is the right to choose whether or not to
enter into a contract and to draw it up in a way in which
each of the contracting parties thinks fit
When a contract is enforceable the courts will lend their aid
to the enforcement of the agreement
Au-delà d’un certain laps de temps, aucune des parties ne
peut intenter une action sur le contrat
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