Comparative Procedure: Case Law in Later Medieval England (D02*)

本子项目将探讨使英国判例法成为可能的比较实践。普通法的核心是通过比较案例来找到相似之处，以证明判决的正当性，从而确立法律。我们将以两种案例研究的形式分析两种资料来源：一种是13世纪亨利·德·布拉克顿（Henry de Bracton）的所谓著作，另一种是14、15世纪的所谓年鉴。两者都展示了比较和稳定化的实践。该项目不仅关注普通法作为一种实践形式的出现和稳定，而且关注作为实践共同体的法律发现者和立法者的作用。

This subproject is addressing the practices of comparing that first made English case law possible. Comparing cases in order to find similarities that can be used to justify a decision and thereby establish law is central to Common Law. Two corpora of sources are being analysed in the form of two case studies: the alleged writings of Henry de Bracton from the 13th century as well as the so-called yearbooks from the 14th and 15th centuries. Both demonstrate the practices of comparing and their stabilization. The project focuses not only on the emergence as well as the stabilization of Common Law as a formation of practices but also on the role of law finders and lawmakers as a community of practice.