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BRAKTON Henri de (Bracton Henry de)

( English jurist.)

Comments for BRAKTON Henri de (Bracton Henry de)
Biography BRAKTON Henri de (Bracton Henry de)
(mind. 1268)
Perhaps, he studied at the school at Exeter Cathedral, and then joined to the famous Judge William Rayleigh. When the latter became the Bishop of Norwich in 1239, Brakton was transferred to the royal service, was appointed judge in 1245 and to dispense justice in south-western counties (1248-1268) and the newly established Court of Queen's Bench (1249-1257). He died in Exeter in September 1268 and is buried in the nave of the cathedral, the ruler of which was in 1264-1268.
Thank Braktona based on his more credibility Labor Laws and Customs of England (De legibus et consuetudinibus Angliae). Perhaps he began to work on it as early as 1239, continued it in 1256 or later, but never brought to the end. The writing is popular, because it kept about 50 list, do not completely coincide with the original work. It Brakton tried to systematize the common law, he also sought to elevate the importance of case law, though, in his view, bound by precedent was more intelligent than the actual legal nature of.

In his work Brakton discussed and some of the premises of a medieval board. In particular, the royal power, he said, is twofold;. On the one hand, it implies gubernaculum, completely and fully power, unconditional and indivisible. On the other - the royal power implies iurisdictio: it pays to each his due according to the laws and customs, which can be entered and changed only with the consent of those whose rights and freedoms they define and defend.


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BRAKTON Henri de (Bracton Henry de), photo, biography
BRAKTON Henri de (Bracton Henry de), photo, biography BRAKTON Henri de (Bracton Henry de)  English jurist., photo, biography
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