English law/Englisches Recht

This is the third in an occasional (very occasional) series of updates of my teaching material. All entries have the tag IEL (introduction to English law - for translators). This is intended to be a 'bare bones' introduction, and there is a conflict between simplicity and accuracy. The topic is the meaning of English law. I am avoiding the term common law, which has even more meanings and is the topic for the next entry. 1. First of all, when did it start? The easiest answer is: some time after 1066, when William the Conqueror laid claim to the whole of England as the successor to the crown. Under his successors, the legal system intended for the whole of England spread out over most of the British Isles (but not Scotland - Scots (or Scottish) law developed separately and is quite different from English law). (1066 is both too late - there was no clean break from pre-1066 law - and too early - the centralized system of law did not really bite until into the 12th century.) Before 1066 there were local courts, from which the local barons earned money. They continued after 1066 but gradually became less important. From 1066 on, William I introduced a central system of courts in London, with jurisdiction over the whole country. Through travelling judges, it spread out to the provinces. But the main work of developing the law was done after William I. 2. Today, English law means the law of England and Wales. The UK has one parliament, but three legal systems: for England and Wales; Northern Ireland; and Scotland. The House of Lords is the highest civil (not criminal) court of appeal for England, Scotland and Northern Ireland. Some Acts passed in Westminster apply to Scotland too, some apply in part to Scotland, some apply to Scotland only. On top of that, Scotland has its own parliament now, and some domestic …