Pregledni rad
https://doi.org/10.54070/hljk.31.1.6
The King’s Peace as a Driving Force in the Development of Medieval English Criminal Law
Zrinka Erent-Sunko
orcid.org/0000-0002-7801-5881
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
*
Miran Marelja
orcid.org/0000-0001-6930-0165
; Sveučilište u Zagrebu Pravni fakultet, Zagreb, Hrvatska
*
* Dopisni autor.
Sažetak
The paper delves into the origins of the King’s Peace and its profound impact on the evolution of English (British) criminal law. Tracing its roots back to Germanic traditions and its more refined manifestation within the Frankish states, the study reveals how the concept of the King’s Peace initially struggled to control the cycles of violence perpetuated by blood feuds. During the tumultuous period following the collapse of the Frankish Empire, the Church intervened to safeguard its assets and clergy, introducing related mechanisms such as Pax Dei and Treuga Dei to shield non-combatants from the ravages of feudal conflicts. Following the Norman conquest of England in 1066, the significance of the King’s Peace was firmly established as a vital tool for quelling private warfare. The adjudication of “violations of the king’s peace” through jury trials emerged as a pivotal catalyst for the ongoing development of English criminal law substantively and procedurally. Notably, the enactment of the Statute of Treason in 1352 marked a milestone in this evolutionary process. By elevating treason to a distinct category, the statute incentivised the expansion of less severe offences, ultimately encompassing a wide array of punishable behaviours, including misdemeanours
Ključne riječi
King’s Peace, English (British) criminal law, treason, criminal procedure, crime
Hrčak ID:
328279
URI
Datum izdavanja:
28.11.2024.
Posjeta: 449 *