{"title":"事实法诉地方主理法:王权的戏剧性象征与普通法","authors":"P. Raffield","doi":"10.1080/01440362008539585","DOIUrl":null,"url":null,"abstract":"Through an analysis of three masques presented at the Inns of Court between 1561 and 1613, this article examines the relationship between the Crown and the common law, and the competing claims of each to represent and embody the incontestable source of constitutional supremacy. An examination of the texts of these masques reveals the nature of the ideal constitution sought by common lawyers, and the role envisaged for the monarch within this Utopian state. He/She is depicted as the iconic symbol of English nationhood and unity. But the overriding theme of the masques is that the common law has existed since time immemorial and is endowed with divine authority. Consequently its sovereignty cannot be challenged by any earthly king or queen.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"45-63"},"PeriodicalIF":0.6000,"publicationDate":"1999-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539585","citationCount":"1","resultStr":"{\"title\":\"Lex Facit Regem v. Quod Principi Placuit: Dramatic Symbols of Crown and Common Law\",\"authors\":\"P. Raffield\",\"doi\":\"10.1080/01440362008539585\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Through an analysis of three masques presented at the Inns of Court between 1561 and 1613, this article examines the relationship between the Crown and the common law, and the competing claims of each to represent and embody the incontestable source of constitutional supremacy. An examination of the texts of these masques reveals the nature of the ideal constitution sought by common lawyers, and the role envisaged for the monarch within this Utopian state. He/She is depicted as the iconic symbol of English nationhood and unity. But the overriding theme of the masques is that the common law has existed since time immemorial and is endowed with divine authority. Consequently its sovereignty cannot be challenged by any earthly king or queen.\",\"PeriodicalId\":43796,\"journal\":{\"name\":\"Journal of Legal History\",\"volume\":\"20 1\",\"pages\":\"45-63\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"1999-04-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/01440362008539585\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Legal History\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/01440362008539585\",\"RegionNum\":3,\"RegionCategory\":\"历史学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"HISTORY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Legal History","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/01440362008539585","RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"HISTORY","Score":null,"Total":0}
Lex Facit Regem v. Quod Principi Placuit: Dramatic Symbols of Crown and Common Law
Through an analysis of three masques presented at the Inns of Court between 1561 and 1613, this article examines the relationship between the Crown and the common law, and the competing claims of each to represent and embody the incontestable source of constitutional supremacy. An examination of the texts of these masques reveals the nature of the ideal constitution sought by common lawyers, and the role envisaged for the monarch within this Utopian state. He/She is depicted as the iconic symbol of English nationhood and unity. But the overriding theme of the masques is that the common law has existed since time immemorial and is endowed with divine authority. Consequently its sovereignty cannot be challenged by any earthly king or queen.
期刊介绍:
The Journal of Legal History, founded in 1980, is the only British journal concerned solely with legal history. It publishes articles in English on the sources and development of the common law, both in the British Isles and overseas, on the history of the laws of Ireland, Scotland, and Wales, and on Roman Law and the European legal tradition. There is a section for shorter research notes, review-articles, and a wide-ranging section of reviews of recent literature.