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Dissenter

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A dissenter (from the Latin dissentire , 'to disagree') is one who dissents (disagrees) in matters of opinion, belief, etc. Dissent may include political opposition to decrees, ideas or doctrines and it may include opposition to those things or the fiat of a government, political party or religion.

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151-404: In the social and religious history of England and Wales , and, by extension, Ireland , however, it refers particularly to a member of a religious body who has, for one reason or another, separated from the established church or any other kind of Protestant who refuses to recognise the supremacy of the established church in areas where the established church is or was Anglican . Originally,

302-533: A broader principle out of these predecessor cases. The facts were almost identical to Cadillac a year earlier: a wheel from a wheel manufacturer was sold to Buick, to a dealer, to MacPherson, and the wheel failed, injuring MacPherson. Judge Cardozo held: It may be that Statler v. Ray Mfg. Co. have extended the rule of Thomas v. Winchester . If so, this court is committed to the extension. The defendant argues that things imminently dangerous to life are poisons, explosives, deadly weapons—things whose normal function it

453-518: A ceremonial county, or be a district tier within a shire county , be a royal or metropolitan borough , have borough or city status , or be a unitary authority . At the community level, much of England is divided into civil parishes with their own councils ; in Greater London only one such parish, Queen's Park , exists as of 2014 after they were abolished in 1965 until legislation allowed their recreation in 2007. From 1994 until

604-425: A character inherently that, when applied to the purposes for which it was designed, it was liable to become a source of great danger to many people if not carefully and properly constructed". Yet the privity rule survived. In Cadillac Motor Car Co. v. Johnson (decided in 1915 by the federal appeals court for New York and several neighboring states), the court held that a car owner could not recover for injuries from

755-481: A decision are often more important in the long run than the outcome in a particular case. This is the reason that judicial opinions are usually quite long, and give rationales and policies that can be balanced with judgment in future cases, rather than the bright-line rules usually embodied in statutes. All law systems rely on written publication of the law, so that it is accessible to all. Common law decisions are published in law reports for use by lawyers, courts and

906-411: A defective wheel, when the automobile owner had a contract only with the automobile dealer and not with the manufacturer, even though there was "no question that the wheel was made of dead and 'dozy' wood, quite insufficient for its purposes". The Cadillac court was willing to acknowledge that the case law supported exceptions for "an article dangerous in its nature or likely to become so in the course of

1057-512: A geographical frame of reference. Of these, 38 developed gradually since the Middle Ages ; these were reformed to 51 in 1974 and to their current number in 1996. Each has a Lord Lieutenant and High Sheriff ; these posts are used to represent the British monarch locally. Some counties, such as Herefordshire , are only divided further into civil parishes. The royal county of Berkshire and

1208-648: A government function in 1874 . West Publishing in Minnesota is the largest private-sector publisher of law reports in the United States. Government publishers typically issue only decisions "in the raw", while private sector publishers often add indexing, including references to the key principles of the common law involved, editorial analysis, and similar finding aids. Statutes are generally understood to supersede common law. They may codify existing common law, create new causes of action that did not exist in

1359-410: A line somewhere, a limit on the causal connection between the negligent conduct and the injury. The court looked to the contractual relationships, and held that liability would only flow as far as the person in immediate contract ("privity") with the negligent party. A first exception to this rule arose in 1852, in the case of Thomas v. Winchester , when New York's highest court held that mislabeling

1510-540: A means to redress certain challenges to established law. Oliver Wendell Holmes once dissented: "judges do and must legislate". There is a controversial legal maxim in American law that " Statutes in derogation of the common law ought to be narrowly construed ". Henry Campbell Black once wrote that the canon "no longer has any foundation in reason". It is generally associated with the Lochner era . The presumption

1661-424: A new line in the last sentence quoted above: "There must be knowledge of a danger, not merely possible, but probable." But while adhering to the underlying principle that some boundary is necessary, MacPherson overruled the prior common law by rendering the formerly dominant factor in the boundary, that is, the privity formality arising out of a contractual relationship between persons, totally irrelevant. Rather,

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1812-457: A poison as an innocuous herb, and then selling the mislabeled poison through a dealer who would be expected to resell it, put "human life in imminent danger". Thomas relied on this reason to create an exception to the "privity" rule. In 1909, New York held in Statler v. Ray Mfg. Co. that a coffee urn manufacturer was liable to a person injured when the urn exploded, because the urn "was of such

1963-411: A presumption favoring the retention of long-established and familiar principles, except when a statutory purpose to the contrary is evident. Isbrandtsen Co. v. Johnson , 343 U.S. 779, 783 (1952); Astoria Federal Savings & Loan Assn. v. Solimino , 501 U.S. 104, 108 (1991). In such cases, Congress does not write upon a clean slate. Astoria , 501 U.S. at 108. In order to abrogate a common-law principle,

2114-573: A product defect, and if a part was built up out of parts from parts manufacturers, the ultimate buyer could not recover for injury caused by a defect in the part. In an 1842 English case, Winterbottom v Wright , the postal service had contracted with Wright to maintain its coaches. Winterbottom was a driver for the post. When the coach failed and injured Winterbottom, he sued Wright. The Winterbottom court recognized that there would be "absurd and outrageous consequences" if an injured person could sue any person peripherally involved, and knew it had to draw

2265-660: A profound and permanent effect on the English language. Subsequently, the House of Plantagenet from Anjou inherited the English throne under Henry II , adding England to the budding Angevin Empire of fiefs the family had inherited in France including Aquitaine . They reigned for three centuries, some noted monarchs being Richard I , Edward I , Edward III and Henry V . The period saw changes in trade and legislation, including

2416-402: A similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a " case of first impression " with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was "common" to all the king's courts across England, originated in the practices of

2567-605: A strong allegiance to a large body of precedent, parties have less a priori guidance (unless the written law is very clear and kept updated) and must often leave a bigger "safety margin" of unexploited opportunities, and final determinations are reached only after far larger expenditures on legal fees by the parties. This is the reason for the frequent choice of the law of the State of New York in commercial contracts, even when neither entity has extensive contacts with New York—and remarkably often even when neither party has contacts with

2718-450: A struggle for hegemony between Northumbria and Mercia, which in the 8th century gave way to Mercian preeminence. In the early 9th century Mercia was displaced as the foremost kingdom by Wessex. Later in that century escalating attacks by the Danes culminated in the conquest of the north and east of England, overthrowing the kingdoms of Northumbria, Mercia and East Anglia. Wessex under Alfred

2869-402: A unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies and reinstating a jury system—citizens sworn on oath to investigate reliable criminal accusations and civil claims. The jury reached its verdict through evaluating common local knowledge , not necessarily through

3020-623: Is a non-departmental public body, established in 1995 and sponsored by the Department for Environment, Food and Rural Affairs with responsibilities relating to the protection and enhancement of the environment in England. The Secretary of State for Environment, Food and Rural Affairs is the minister responsible for environmental protection, agriculture, fisheries and rural communities in England. Common law Common law (also known as judicial precedent , judge-made law, or case law)

3171-505: Is a strength of common law systems, and is a significant contributor to the robust commercial systems in the United Kingdom and United States. Because there is reasonably precise guidance on almost every issue, parties (especially commercial parties) can predict whether a proposed course of action is likely to be lawful or unlawful, and have some assurance of consistency. As Justice Brandeis famously expressed it, "in most matters it

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3322-412: Is also applied to England in a more poetic capacity, though its original meaning is the island of Britain as a whole. The earliest known evidence of human presence in the area now known as England was that of Homo antecessor , dating to about 780,000 years ago. The oldest proto-human bones discovered in England date from 500,000 years ago. Modern humans are known to have inhabited the area during

3473-633: Is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc (that is, all active judges of the court) or by a higher court. In these courts, the older decision remains controlling when an issue comes up the third time. Other courts, for example, the Court of Appeals for the Federal Circuit (formerly known as Court of Customs and Patent Appeals) and the US Supreme Court , always sit en banc , and thus

3624-546: Is damp relatively frequently and is changeable. The coldest months are January and February, the latter particularly on the English coast , while July is normally the warmest month. Months with mild to warm weather are May, June, September and October. Rainfall is spread fairly evenly throughout the year. Important influences on the climate of England are its proximity to the Atlantic Ocean , its northern latitude and

3775-499: Is destruction. What is true of the coffee urn is equally true of bottles of aerated water ( Torgesen v. Schultz , 192 N. Y. 156). We have mentioned only cases in this court. But the rule has received a like extension in our courts of intermediate appeal. In Burke v. Ireland (26 App. Div. 487), in an opinion by CULLEN, J., it was applied to a builder who constructed a defective building; in Kahner v. Otis Elevator Co. (96 App. Div. 169) to

3926-577: Is governed directly by the Parliament of the United Kingdom , although other countries of the United Kingdom have devolved governments. There has been debate about how to counterbalance this in England. Originally it was planned that various regions of England would be devolved, but following the proposal's rejection by the North East in a 2004 referendum , this has not been carried out. In 2024, an England-only intergovernmental body, known as

4077-669: Is high moorland in upland areas, indented by fertile valleys of the region's rivers. They contain two national parks , the Yorkshire Dales and the Peak District . In the West Country , Dartmoor and Exmoor of the Southwest Peninsula include upland moorland supported by granite. The English Lowlands are in the central and southern regions of the country, consisting of green rolling hills, including

4228-477: Is inferrable as a synthesis of the "thing of danger" principle stated in them, merely extending it to "foreseeable danger" even if "the purposes for which it was designed" were not themselves "a source of great danger". MacPherson takes some care to present itself as foreseeable progression, not a wild departure. Cardozo continues to adhere to the original principle of Winterbottom , that "absurd and outrageous consequences" must be avoided, and he does so by drawing

4379-780: Is known as the lost colony after it was found abandoned on the return of the late-arriving supply ship. With the East India Company , England also competed with the Dutch and French in the East. During the Elizabethan period, England was at war with Spain. An armada sailed from Spain in 1588 as part of a wider plan to invade England and re-establish a Catholic monarchy. The plan was thwarted by bad coordination, stormy weather and successful harrying attacks by an English fleet under Lord Howard of Effingham . This failure did not end

4530-539: Is more important that the applicable rule of law be settled than that it be settled right." This ability to predict gives more freedom to come close to the boundaries of the law. For example, many commercial contracts are more economically efficient, and create greater wealth, because the parties know ahead of time that the proposed arrangement, though perhaps close to the line, is almost certainly legal. Newspapers, taxpayer-funded entities with some religious affiliation, and political parties can obtain fairly clear guidance on

4681-623: Is mostly found in the north and west, including Dartmoor , the Lake District , the Pennines , and the Shropshire Hills . The country's capital is London , the metropolitan area of which has a population of 14.2 million as of 2021, representing the United Kingdom's largest metropolitan area. England's population of 56.3 million comprises 84% of the population of the United Kingdom, largely concentrated around London,

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4832-562: Is part of the United Kingdom, a constitutional monarchy with a parliamentary system . There has not been a government of England since 1707, when the Acts of Union 1707 , putting into effect the terms of the Treaty of Union , joined England and Scotland to form the Kingdom of Great Britain . Before the union England was ruled by its monarch and the Parliament of England . Today England

4983-424: Is shown) reinterpret and revise the law, without legislative intervention, to adapt to new trends in political, legal and social philosophy . Second, the common law evolves through a series of gradual steps , that gradually works out all the details, so that over a decade or more, the law can change substantially but without a sharp break, thereby reducing disruptive effects. In contrast to common law incrementalism,

5134-472: Is similar to that of other areas in the British Isles with a wide range of vertebrate and invertebrate life in a diverse range of habitats. National nature reserves in England are designated by Natural England as key places for wildlife and natural features in England. They were established to protect the most significant areas of habitat and of geological formations. NNRs are managed on behalf of

5285-576: Is that legislatures may take away common law rights, but modern jurisprudence will look for the statutory purpose or legislative intent and apply rules of statutory construction like the plain meaning rule to reach decisions. As the United States Supreme Court explained in United States v Texas , 507 U.S. 529 (1993): Just as longstanding is the principle that "[s]tatutes which invade the common law ... are to be read with

5436-468: Is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When

5587-508: Is to injure or destroy. But whatever the rule in Thomas v. Winchester may once have been, it has no longer that restricted meaning. A scaffold ( Devlin v. Smith , supra) is not inherently a destructive instrument. It becomes destructive only if imperfectly constructed. A large coffee urn ( Statler v. Ray Mfg. Co. , supra) may have within itself, if negligently made, the potency of danger, yet no one thinks of it as an implement whose normal function

5738-519: The 1535–1542 acts . There were internal religious conflicts during the reigns of Henry's daughters, Mary I and Elizabeth I . The former took the country back to Catholicism while the latter broke from it again, forcefully asserting the supremacy of Anglicanism . The Elizabethan era is the epoch in the Tudor age of the reign of Queen Elizabeth I ("the Virgin Queen"). Historians often depict it as

5889-643: The Age of Discovery . Henry VIII broke from communion with the Catholic Church, over issues relating to his divorce, under the Acts of Supremacy in 1534 which proclaimed the monarch head of the Church of England . In contrast with much of European Protestantism , the roots of the split were more political than theological. He also legally incorporated his ancestral land Wales into the Kingdom of England with

6040-583: The Angeln region of what is now the German state of Schleswig-Holstein . The earliest recorded use of the term, as " Engla londe ", is in the late-ninth-century translation into Old English of Bede 's Ecclesiastical History of the English People . The term was then used to mean "the land inhabited by the English", and it included English people in what is now south-east Scotland but was then part of

6191-590: The Battle of Trafalgar confirmed the naval supremacy Britain had established during the course of the eighteenth century. The Napoleonic Wars fostered a concept of Britishness and a united national British people , shared with the English, Scots and Welsh. London became the largest and most populous metropolitan area in the world during the Victorian era , and trade within the British Empire – as well as

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6342-536: The Battle of Watling Street . The author of one study of Roman Britain suggested that from 43 AD to 84 AD, the Roman invaders killed somewhere between 100,000 and 250,000 people from a population of perhaps 2,000,000. This era saw a Greco-Roman culture prevail with the introduction of Roman law , Roman architecture , aqueducts , sewers , many agricultural items and silk. In the 3rd century, Emperor Septimius Severus died at Eboracum (now York ), where Constantine

6493-676: The British Isles , but also from the Commonwealth , particularly the Indian subcontinent . Since the 1970s there has been a large move away from manufacturing and an increasing emphasis on the service industry . As part of the United Kingdom, the area joined a common market initiative called the European Economic Community which became the European Union . Since the late 20th century the administration of

6644-610: The Cotswold Hills , Chiltern Hills , North and South Downs ; where they meet the sea they form white rock exposures such as the cliffs of Dover . This also includes relatively flat plains such as the Salisbury Plain , Somerset Levels , South Coast Plain and The Fens . England has a temperate maritime climate : it is mild with temperatures not much lower than 0 °C (32 °F) in winter and not much higher than 32 °C (90 °F) in summer. The weather

6795-693: The Court of Appeal , the High Court of Justice for civil cases, and the Crown Court for criminal cases. The Supreme Court of the United Kingdom is the highest court for criminal and civil cases in England and Wales . It was created in 2009 after constitutional changes, taking over the judicial functions of the House of Lords . A decision of the Supreme Court is binding on every other court in

6946-583: The Courts of England and Wales continued, under the Treaty of Union , as a separate legal system from the one used in Scotland . The general essence of English law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent – stare decisis – to the facts before them. The court system is headed by the Senior Courts of England and Wales, consisting of

7097-736: The French Revolution , under George III and William Pitt the Younger . The regency of George IV is noted for its elegance and achievements in the fine arts and architecture. During the Napoleonic Wars , Napoleon planned to invade from the south-east ; however, this failed to manifest and the Napoleonic forces were defeated by the British: at sea by Horatio Nelson , and on land by Arthur Wellesley . The major victory at

7248-514: The High Court of Justiciary has this power instead (except on questions of law relating to reserved matters such as devolution and human rights). From 1966 to 2009, this power lay with the House of Lords , granted by the Practice Statement of 1966. Canada's federal system, described below , avoids regional variability of federal law by giving national jurisdiction to both layers of appellate courts. The reliance on judicial opinion

7399-487: The Kingdom of Great Britain . England is the origin of the English language , the English legal system (which served as the basis for the common law systems of many other countries), association football , and the Anglican branch of Christianity; its parliamentary system of government has been widely adopted by other nations. The Industrial Revolution began in 18th-century England, transforming its society into

7550-672: The Labour Party , 116 from the Conservative Party , 65 from the Liberal Democrats , five for Reform UK and four for the Green Party of England and Wales . The English law legal system, developed over the centuries, is the basis of common law legal systems used in most Commonwealth countries and the United States (except Louisiana ). Despite now being part of the United Kingdom, the legal system of

7701-556: The Latin word Anglii is used. The etymology of the tribal name itself is disputed by scholars; it has been suggested that it derives from the shape of the Angeln peninsula, an angular shape. How and why a term derived from the name of a tribe that was less significant than others, such as the Saxons , came to be used for the entire country is not known, but it seems this is related to

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7852-722: The Mayoral Council for England , was established to bring together ministers from the UK Government , the Mayor of London and the leaders of combined authorities . In the House of Commons which is the lower house of the British Parliament based at the Palace of Westminster , there are 543 members of parliament (MPs) for constituencies in England, out of the 650 total. England is represented by 347 MPs from

8003-546: The Ministry of Justice , manages most prisons, housing 81,309 prisoners in England and Wales as of September 2022 . The subdivisions of England consist of up to four levels of subnational division , controlled through a variety of types of administrative entities created for the purposes of local government . Outside the London region, England's highest tier is the 48 ceremonial counties . These are used primarily as

8154-687: The Severn is the longest river flowing through England. It empties into the Bristol Channel and is notable for its Severn Bore (a tidal bore ), which can reach 2 metres (6.6 ft) in height. However, the longest river entirely in England is the Thames, which is 215 miles (346 km) in length. There are many lakes in England ; the largest is Windermere , within the aptly named Lake District . Most of England's landscape consists of low hills and plains, with upland and mountainous terrain in

8305-883: The South East , and conurbations in the Midlands , the North West , the North East , and Yorkshire , which each developed as major industrial regions during the 19th century. The name "England" is derived from the Old English name Englaland , which means "land of the Angles ". The Angles were one of the Germanic tribes that settled in Great Britain during the Early Middle Ages . They came from

8456-479: The State Opening of Parliament by the British monarch when the doors of the House of Commons are slammed in the face of the monarch's messenger, symbolising the rights of Parliament and its independence from the monarch. With the founding of the Royal Society in 1660, science was greatly encouraged. In 1666 the Great Fire of London gutted the city of London, but it was rebuilt shortly afterward with many significant buildings designed by Sir Christopher Wren . By

8607-451: The Stuart dynasty England expanded in trade, finance and prosperity. The Royal Navy developed Europe's largest merchant fleet. After the parliaments of England and Scotland agreed, the two countries joined in political union , to create the Kingdom of Great Britain in 1707. To accommodate the union, institutions such as the law and national churches of each remained separate. Under the newly formed Kingdom of Great Britain, output from

8758-433: The Trinovantes . The Romans invaded Britain in 43 AD during the reign of Emperor Claudius , subsequently conquering much of Britain , and the area was incorporated into the Roman Empire as Britannia province . The best-known of the native tribes who attempted to resist were the Catuvellauni led by Caratacus . Later, an uprising led by Boudica , Queen of the Iceni , ended with Boudica's suicide following her defeat at

8909-412: The United Kingdom  (green) England is a country that is part of the United Kingdom . It is located on the island of Great Britain , of which it covers about 62%, and more than 100 smaller adjacent islands . It has land borders with Scotland to the north and Wales to the west, and is otherwise surrounded by the North Sea to the east, the English Channel to the south, the Celtic Sea to

9060-419: The Upper Paleolithic period, though permanent settlements were only established within the last 6,000 years. After the last ice age only large mammals such as mammoths , bison and woolly rhinoceros remained. Roughly 11,000 years ago, when the ice sheets began to recede, humans repopulated the area; genetic research suggests they came from the northern part of the Iberian Peninsula . The sea level

9211-470: The canal age in Britain . In 1825 the world's first permanent steam locomotive-hauled passenger railway – the Stockton and Darlington Railway – opened to the public. During the Industrial Revolution , many workers moved from England's countryside to new and expanding urban industrial areas to work in factories, for instance at Birmingham and Manchester , with the latter the world's first industrial city. England maintained relative stability throughout

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9362-435: The decline of the Roman Empire , Britain was left exposed by the end of Roman rule in Britain and the withdrawal of Roman army units, to defend the frontiers in continental Europe and partake in civil wars. Celtic Christian monastic and missionary movements flourished. This period of Christianity was influenced by ancient Celtic culture in its sensibilities, polity, practices and theology. Local "congregations" were centred in

9513-434: The golden age in English history that represented the apogee of the English Renaissance and saw the flowering of great art, drama, poetry, music and literature. England during this period had a centralised, well-organised, and effective government. Competing with Spain , the first English colony in the Americas was founded in 1585 by explorer Walter Raleigh in Virginia and named Roanoke . The Roanoke colony failed and

9664-473: The jet engine led to wider air travel . Residential patterns were altered in England by private motoring, and by the creation of the National Health Service in 1948, providing publicly funded health care to all permanent residents free at the point of need. Combined, these prompted the reform of local government in England in the mid-20th century. Since the 20th century, there has been significant population movement to England, mostly from other parts of

9815-411: The jury , ordeals , the penalty of outlawry , and writs – all of which were incorporated into the Norman common law – is still a subject of much discussion. Additionally, the Catholic Church operated its own court system that adjudicated issues of canon law . The main sources for the history of the common law in the Middle Ages are the plea rolls and the Year Books . The plea rolls, which were

9966-468: The later decision controls. These courts essentially overrule all previous cases in each new case, and older cases survive only to the extent they do not conflict with newer cases. The interpretations of these courts—for example, Supreme Court interpretations of the constitution or federal statutes—are stable only so long as the older interpretation maintains the support of a majority of the court. Older decisions persist through some combination of belief that

10117-503: The surplice ), with the authorized usages of the established church. Still more recently, the term nonconformist has in its turn, as the political attack on the principle of a state establishment of religion developed, tended to give way to the style of free churches and free churchman . All three terms continue in use, nonconformist being the most usual, as it is the most colourless. Compare: England – in Europe  (green & dark grey) – in

10268-409: The 1180s) from his Curia Regis to hear the various disputes throughout the country, and return to the court thereafter. The king's itinerant justices would generally receive a writ or commission under the great seal. They would then resolve disputes on an ad hoc basis according to what they interpreted the customs to be. The king's judges would then return to London and often discuss their cases and

10419-506: The 13th century to the 17th, can be viewed online at the Anglo-American Legal Tradition site (The O'Quinn Law Library of the University of Houston Law Center). The doctrine of precedent developed during the 12th and 13th centuries, as the collective judicial decisions that were based in tradition, custom and precedent . The form of reasoning used in common law is known as casuistry or case-based reasoning . The common law, as applied in civil cases (as distinct from criminal cases ),

10570-426: The 32 London Boroughs and the 25 Wards of the City of London . Geographically, England includes the central and southern two-thirds of the island of Great Britain, plus such offshore islands as the Isle of Wight and the Isles of Scilly . It is bordered by two other countries of the United Kingdom: to the north by Scotland and to the west by Wales. England is closer than any other part of mainland Britain to

10721-435: The 5th and 6th centuries. England became a unified state in the 10th century and has had extensive cultural and legal impact on the wider world since the Age of Discovery , which began during the 15th century. The Kingdom of England , which included Wales after 1535, ceased to be a separate sovereign state on 1 May 1707, when the Acts of Union brought into effect a political union with the Kingdom of Scotland that created

10872-575: The 6th century. Contemporary texts describing this period are extremely scarce, giving rise to its description as a Dark Age . Details of the Anglo-Saxon settlement of Britain are consequently subject to considerable disagreement; the emerging consensus is that it occurred on a large scale in the south and east but was less substantial to the north and west, where Celtic languages continued to be spoken even in areas under Anglo-Saxon control. Roman-dominated Christianity had, in general, been replaced in

11023-676: The English kingdom of Northumbria . The Anglo-Saxon Chronicle recorded that the Domesday Book of 1086 covered the whole of England, meaning the English kingdom, but a few years later the Chronicle stated that King Malcolm III went "out of Scotlande into Lothian in Englaland", thus using it in the more ancient sense. The earliest attested reference to the Angles occurs in the 1st-century work by Tacitus , Germania , in which

11174-591: The European continent. It is separated from France ( Hauts-de-France ) by a 21-mile (34 km) sea gap, though the two countries are connected by the Channel Tunnel near Folkestone . England also has shores on the Irish Sea , North Sea and Atlantic Ocean. The ports of London, Liverpool , and Newcastle lie on the tidal rivers Thames , Mersey and Tyne respectively. At 220 miles (350 km),

11325-509: The Great was left as the only surviving English kingdom, and under his successors, it steadily expanded at the expense of the kingdoms of the Danelaw . This brought about the political unification of England, first accomplished under Æthelstan in 927 and definitively established after further conflicts by Eadred in 953. A fresh wave of Scandinavian attacks from the late 10th century ended with

11476-540: The Great Hall of the king's Palace of Westminster , permanently except in the vacations between the four terms of the Legal year . Judge-made common law operated as the primary source of law for several hundred years, before Parliament acquired legislative powers to create statutory law . In England, judges have devised a number of rules as to how to deal with precedent decisions . The early development of case-law in

11627-602: The North, and the successful Norman Conquest in October 1066, accomplished by an army led by Duke William of Normandy invading at Hastings late September 1066. The Normans themselves originated from Scandinavia and had settled in Normandy in the late 9th and early 10th centuries. This conquest led to the almost total dispossession of the English elite and its replacement by a new French-speaking aristocracy, whose speech had

11778-682: The Pope. During the 14th century, the Plantagenets and the House of Valois claimed to be legitimate claimants to the House of Capet and of France; the two powers clashed in the Hundred Years' War . The Black Death epidemic hit England ; starting in 1348, it eventually killed up to half of England's inhabitants . Between 1453 and 1487, a civil war known as the War of the Roses waged between

11929-477: The Presbyterian Church of Scotland , which is the national church of Scotland. In this connotation, the terms dissenter and dissenting , which had acquired a somewhat contemptuous flavor, have tended since the middle of the 18th century to be replaced by nonconformist , a term which did not originally imply secession, but only refusal to conform in certain particulars (for example the wearing of

12080-1015: The Royal Society and other English initiatives combined with the Scottish Enlightenment to create innovations in science and engineering, while the enormous growth in British overseas trade protected by the Royal Navy paved the way for the establishment of the British Empire . Domestically it drove the Industrial Revolution , a period of profound change in the socioeconomic and cultural conditions of England, resulting in industrialised agriculture, manufacture, engineering and mining, as well as new and pioneering road, rail and water networks to facilitate their expansion and development. The opening of Northwest England's Bridgewater Canal in 1761 ushered in

12231-522: The United Kingdom (including its overseas territories such as Gibraltar), the United States (both the federal system and all 50 states save Louisiana ), and Zimbabwe. According to Black's Law Dictionary , common law is "the body of law derived from judicial decisions , rather than from statutes or constitutions ." Legal systems that rely on common law as precedent are known as "common law jurisdictions," while those that do not are referred to as " civil law " or " code " jurisdictions. Until

12382-432: The United Kingdom has moved towards devolved governance in Scotland, Wales and Northern Ireland. England and Wales continues to exist as a jurisdiction within the United Kingdom. Devolution has stimulated a greater emphasis on a more English-specific identity and patriotism. There is no devolved English government, but an attempt to create a similar system on a sub-regional basis was rejected by referendum . England

12533-607: The United Kingdom as part of the Allies . Two decades later, in World War II , the United Kingdom was again one of the Allies . Developments in warfare technology saw many cities damaged by air-raids during the Blitz . Following the war, the British Empire experienced rapid decolonisation , and there was a speeding-up of technological innovations; automobiles became the primary means of transport and Frank Whittle 's development of

12684-425: The United States' commercial center, New York common law has a depth and predictability not (yet) available in any other jurisdictions of the United States. Similarly, American corporations are often formed under Delaware corporate law , and American contracts relating to corporate law issues ( merger and acquisitions of companies, rights of shareholders, and so on) include a Delaware choice of law clause, because of

12835-559: The United States. Commercial contracts almost always include a "choice of law clause" to reduce uncertainty. Somewhat surprisingly, contracts throughout the world (for example, contracts involving parties in Japan, France and Germany, and from most of the other states of the United States) often choose the law of New York, even where the relationship of the parties and transaction to New York is quite attenuated. Because of its history as

12986-412: The application of law to specific facts. The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals (plus a thirteenth, the Court of Appeals for the Federal Circuit , which hears appeals in patent cases and cases against the federal government, without geographic limitation). Decisions of one circuit court are binding on the district courts within

13137-577: The area, the Beaker culture people made bronze , and later iron from iron ores. The development of iron smelting allowed the construction of better ploughs , advancing agriculture (for instance, with Celtic fields ), as well as the production of more effective weapons. During the Iron Age , Celtic culture , deriving from the Hallstatt and La Tène cultures , arrived from Central Europe. Brythonic

13288-767: The auspices of James VI and I the Authorised King James Version of the Holy Bible was published in 1611. It was the standard version of the Bible read by most Protestant Christians for four hundred years until modern revisions were produced in the 20th century. Based on conflicting political, religious and social positions, the English Civil War was fought between the supporters of Parliament and those of King Charles I , known colloquially as Roundheads and Cavaliers respectively. This

13439-422: The boundaries within which their freedom of expression rights apply. In contrast, in jurisdictions with very weak respect for precedent, fine questions of law are redetermined anew each time they arise, making consistency and prediction more difficult, and procedures far more protracted than necessary because parties cannot rely on written statements of law as reliable guides. In jurisdictions that do not have

13590-399: The circuit and on the circuit court itself, but are only persuasive authority on sister circuits. District court decisions are not binding precedent at all, only persuasive. Most of the U.S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels (most of the courts of appeal almost always sit in panels of three), the earlier panel decision

13741-860: The common law, or legislatively overrule the common law. Common law still has practical applications in some areas of law. Examples are contract law and the law of torts . At earlier stages in the development of modern legal systems and government, courts exercised their authority in performing what Roscoe Pound described as an essentially legislative function. As legislation became more comprehensive, courts began to operate within narrower limits of statutory interpretation . Jeremy Bentham famously criticized judicial lawmaking when he argued in favor of codification and narrow judicial decisions. Pound comments that critics of judicial lawmaking are not always consistent - sometimes siding with Bentham and decrying judicial overreach, at other times unsatisfied with judicial reluctance to sweep broadly and employ case law as

13892-585: The conquered territories by Anglo-Saxon paganism , but was reintroduced by missionaries from Rome led by Augustine from 597. Disputes between the Roman- and Celtic-dominated forms of Christianity ended in victory for the Roman tradition at the Council of Whitby (664), which was ostensibly about tonsures (clerical haircuts) and the date of Easter, but more significantly, about the differences in Roman and Celtic forms of authority, theology, and practice. During

14043-541: The conquest of this united kingdom by Sweyn Forkbeard in 1013 and again by his son Cnut in 1016, turning it into the centre of a short-lived North Sea Empire that also included Denmark and Norway . However, the native royal dynasty was restored with the accession of Edward the Confessor in 1042. A dispute over the succession to Edward led to an unsuccessful Norwegian Invasion in September 1066 close to York in

14194-415: The consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. ... There must be knowledge of a danger, not merely possible, but probable. Cardozo's new "rule" exists in no prior case, but

14345-454: The course of the fifth and sixth centuries, initially in the eastern part of the country. Their advance was contained for some decades after the Britons' victory at the Battle of Mount Badon , but subsequently resumed, overrunning the fertile lowlands of Britain and reducing the area under Brittonic control to a series of separate enclaves in the more rugged country to the west by the end of

14496-549: The courts of the English kings in the centuries following the Norman Conquest in 1066. England spread the English legal system across the British Isles, first to Wales, and then to Ireland and overseas colonies ; this was continued by the later British Empire . Many former colonies retain the common law system today. These common law systems are legal systems that give great weight to judicial precedent, and to

14647-883: The custom of calling the Germanic people in Britain Angli Saxones or English Saxons to distinguish them from continental Saxons (Eald-Seaxe) of Old Saxony in Germany. In Scottish Gaelic , the Saxon tribe gave their name to the word for England ( Sasunn ); similarly, the Welsh name for the English language is Saesneg . A romantic name for England is Loegria , related to the Welsh word for England, Lloegr , and made popular by its use in Arthurian legend . Albion

14798-516: The decisions they made with the other judges. These decisions would be recorded and filed. In time, a rule, known as stare decisis (also commonly known as precedent) developed, whereby a judge would be bound to follow the decision of an earlier judge; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another. Once judges began to regard each other's decisions to be binding precedent,

14949-542: The deep body of law in Delaware on these issues. On the other hand, some other jurisdictions have sufficiently developed bodies of law so that parties have no real motivation to choose the law of a foreign jurisdiction (for example, England and Wales, and the state of California), but not yet so fully developed that parties with no relationship to the jurisdiction choose that law. Outside the United States, parties that are in different jurisdictions from each other often choose

15100-637: The early 2010s England was divided for a few purposes into regions; a 1998 referendum for the London Region created the London Assembly two years later. A failed 2004 North East England devolution referendum cancelled further regional assembly devolution with the regional structure outside London abolished. Ceremonially and administratively, the region is divided between the City of London and Greater London ; these are further divided into

15251-485: The early 20th century, common law was widely considered to derive its authority from ancient Anglo-Saxon customs. Well into the 19th century, common law was still defined as an ancient, unwritten law in legal dictionaries including Bouvier's Law Dictionary and Black's Law Dictionary . The term "judge-made law" was introduced by Jeremy Bentham as a criticism of this pretense of the legal profession but acceptance of William Blackstone 's declaratory theory of common law

15402-494: The emergence of a consensus from a multitude of particularized prior decisions". Justice Cardozo noted the "common law does not work from pre-established truths of universal and inflexible validity to conclusions derived from them deductively", but "[i]ts method is inductive, and it draws its generalizations from particulars". The common law is more malleable than statutory law. First, common law courts are not absolutely bound by precedent, but can (when extraordinarily good reason

15553-605: The general public. After the American Revolution, Massachusetts became the first state to establish an official Reporter of Decisions. As newer states needed law, they often looked first to the Massachusetts Reports for authoritative precedents as a basis for their own common law. The United States federal courts relied on private publishers until after the Civil War, and only began publishing as

15704-454: The government. Eyres (a Norman French word for judicial circuit, originating from Latin iter ) are more than just courts; they would supervise local government, raise revenue, investigate crimes, and enforce feudal rights of the king. There were complaints of the eyre of 1198 reducing the kingdom to poverty and Cornishmen fleeing to escape the eyre of 1233. Henry II's creation of a powerful and unified court system, which curbed somewhat

15855-419: The gradual change that typifies evolution of the common law is the gradual change in liability for negligence. The traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligent production or distribution of a harmful instrumentality unless the two were parties to a contract ( privity of contract ). Thus, only the immediate purchaser could recover for

16006-538: The hierarchy, which must follow its directions. The Secretary of State for Justice is the minister responsible to Parliament for the judiciary , the court system and prisons and probation in England. Crime increased between 1981 and 1995 but fell by 42% in the period 1995–2006. The prison population doubled over the same period, giving it one of the highest incarceration rates in Western Europe at 147 per 100,000. His Majesty's Prison Service , reporting to

16157-486: The law is" in a given situation. First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Then one must extract the principles, analogies and statements by various courts of what they consider important to determine how the next court is likely to rule on the facts of the present case. More recent decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts. Finally, one integrates all

16308-537: The law of England and Wales, particularly when the parties are each in former British colonies and members of the Commonwealth. The common theme in all cases is that commercial parties seek predictability and simplicity in their contractual relations, and frequently choose the law of a common law jurisdiction with a well-developed body of common law to achieve that result. Likewise, for litigation of commercial disputes arising out of unpredictable torts (as opposed to

16459-422: The legislative process is very difficult to get started, as the work begins much earlier than just introducing a bill. Once the legislation is introduced, the process to getting it passed is long, involving the committee system, debate, the potential of conference committee, voting, and President approval. Because of the involved process, many pieces must fall into place in order for it to be passed. One example of

16610-420: The legislature has had the foresight and diligence to address the precise set of facts applicable to a particular situation. For that reason, civil law statutes tend to be somewhat more detailed than statutes written by common law legislatures—but, conversely, that tends to make the statute more difficult to read. The common law—so named because it was "common" to all the king's courts across England—originated in

16761-473: The lines drawn and reasons given, and determines "what the law is". Then, one applies that law to the facts. In practice, common law systems are considerably more complicated than the simplified system described above. The decisions of a court are binding only in a particular jurisdiction , and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in

16912-475: The manufacturer of an elevator; in Davies v. Pelham Hod Elevating Co. (65 Hun, 573; affirmed in this court without opinion, 146 N. Y. 363) to a contractor who furnished a defective rope with knowledge of the purpose for which the rope was to be used. We are not required at this time either to approve or to disapprove the application of the rule that was made in these cases. It is enough that they help to characterize

17063-453: The metropolitan counties have different types of status to other ceremonial counties. The second tier is made up of combined authorities and the 27 county-tier shire counties . In 1974, all ceremonial counties were two-tier; and with the metropolitan county tier phased out, the 1996 reform separated the ceremonial county and the administrative county tier. England is also divided into local government districts. The district can align to

17214-707: The mid-to-late 17th century, two political factions had emerged – the Tories and Whigs . Though the Tories initially supported Catholic king James II , some of them, along with the Whigs, during the Revolution of 1688 invited the Dutch Prince William of Orange to defeat James and become the king. Some English people, especially in the north, were Jacobites and continued to support James and his sons. Under

17365-569: The monastic community and monastic leaders were more like chieftains, as peers, rather than in the more hierarchical system of the Roman-dominated church. Roman military withdrawals left Britain open to invasion by pagan, seafaring warriors from north-western continental Europe, chiefly the Saxons, Angles , Jutes and Frisians who had long raided the coasts of the Roman province. These groups then began to settle in increasing numbers over

17516-472: The more controversial clauses of the Constitutions of Clarendon . Henry nevertheless continued to exert influence in any ecclesiastical case which interested him and royal power was exercised more subtly with considerable success. The English Court of Common Pleas was established after Magna Carta to try lawsuits between commoners in which the monarch had no interest. Its judges sat in open court in

17667-424: The most important factor in the boundary would be the nature of the thing sold and the foreseeable uses that downstream purchasers would make of the thing. The example of the evolution of the law of negligence in the preceding paragraphs illustrates two crucial principles: (a) The common law evolves, this evolution is in the hands of judges, and judges have "made law" for hundreds of years. (b) The reasons given for

17818-611: The nation, many by Natural England themselves, but also by non-governmental organisations, including the members of The Wildlife Trusts partnership, the National Trust , and the Royal Society for the Protection of Birds . There are 221 NNRs in England covering 110,000 hectares (1,100 square kilometres). Often they contain rare species or nationally important populations of plants and animals. . The Environment Agency

17969-613: The north and west of the country. The northern uplands include the Pennines , a chain of uplands dividing east and west, the Lake District mountains in Cumbria, and the Cheviot Hills , straddling the border between England and Scotland. The highest point in England, at 978 metres (3,209 ft), is Scafell Pike in the Lake District. The Shropshire Hills are near Wales while Dartmoor and Exmoor are two upland areas in

18120-577: The official court records for the Courts of Common Pleas and King's Bench, were written in Latin. The rolls were made up in bundles by law term: Hilary, Easter, Trinity, and Michaelmas, or winter, spring, summer, and autumn. They are currently deposited in the UK National Archives , by whose permission images of the rolls for the Courts of Common Pleas, King's Bench, and Exchequer of Pleas, from

18271-538: The old decision is right, and that it is not sufficiently wrong to be overruled. In the jurisdictions of England and Wales and of Northern Ireland , since 2009, the Supreme Court of the United Kingdom has the authority to overrule and unify criminal law decisions of lower courts; it is the final court of appeal for civil law cases in all three of the UK jurisdictions, but not for criminal law cases in Scotland, where

18422-620: The ordinary usage to be contemplated by the vendor". However, held the Cadillac court, "one who manufactures articles dangerous only if defectively made, or installed, e.g., tables, chairs, pictures or mirrors hung on the walls, carriages, automobiles, and so on, is not liable to third parties for injuries caused by them, except in case of willful injury or fraud". Finally, in the famous case of MacPherson v. Buick Motor Co. , in 1916, Judge Benjamin Cardozo for New York's highest court pulled

18573-584: The power of canonical (church) courts, brought him (and England) into conflict with the church, most famously with Thomas Becket , the Archbishop of Canterbury . The murder of the archbishop gave rise to a wave of popular outrage against the King. International pressure on Henry grew, and in May 1172 he negotiated a settlement with the papacy in which the King swore to go on crusade as well as effectively overturned

18724-606: The practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. Prior to the Norman Conquest, much of England's legal business took place in the local folk courts of its various shires and hundreds . A variety of other individual courts also existed across the land: urban boroughs and merchant fairs held their own courts, and large landholders also held their own manorial and seigniorial courts as needed. The degree to which common law drew from earlier Anglo-Saxon traditions such as

18875-420: The pre-Norman system of local customs and law varying in each locality was replaced by a system that was (at least in theory, though not always in practice) common throughout the whole country, hence the name "common law". The king's object was to preserve public order, but providing law and order was also extremely profitable – cases on forest use as well as fines and forfeitures can generate "great treasure" for

19026-540: The presentation of evidence , a distinguishing factor from today's civil and criminal court systems. At the time, royal government centered on the Curia Regis (king's court), the body of aristocrats and prelates who assisted in the administration of the realm and the ancestor of Parliament , the Star Chamber , and Privy Council . Henry II developed the practice of sending judges (numbering around 20 to 30 in

19177-444: The prospective choice of law clauses in contracts discussed in the previous paragraph), certain jurisdictions attract an unusually high fraction of cases, because of the predictability afforded by the depth of decided cases. For example, London is considered the pre-eminent centre for litigation of admiralty cases. This is not to say that common law is better in every situation. For example, civil law can be clearer than case law when

19328-435: The same jurisdiction, and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law , statutory law and regulatory law also give rise to considerable complexity. Oliver Wendell Holmes Jr. cautioned that "the proper derivation of general principles in both common and constitutional law ... arise gradually, in

19479-450: The settlement period the lands ruled by the incomers seem to have been fragmented into numerous tribal territories, but by the 7th century, when substantial evidence of the situation again becomes available, these had coalesced into roughly a dozen kingdoms including Northumbria , Mercia , Wessex , East Anglia , Essex , Kent and Sussex . Over the following centuries, this process of political consolidation continued. The 7th century saw

19630-477: The signing of Magna Carta , an English legal charter used to limit the sovereign's powers by law and protect the privileges of freemen. Catholic monasticism flourished, providing philosophers, and the universities of Oxford and Cambridge were founded with royal patronage. The Principality of Wales became a Plantagenet fief during the 13th century and the Lordship of Ireland was given to the English monarchy by

19781-636: The south-west of the country. The approximate dividing line between terrain types is often indicated by the Tees–Exe line . The Pennines, known as the "backbone of England", are the oldest range of mountains in the country, originating from the end of the Paleozoic Era around 300 million years ago. Their geological composition includes, among others, sandstone and limestone , and also coal. There are karst landscapes in calcite areas such as parts of Yorkshire and Derbyshire . The Pennine landscape

19932-470: The south-west, and the Irish Sea to the west. Continental Europe lies to the south-east, and Ireland to the west. At the 2021 census , the population was 56,490,048. London is both the largest city and the capital . The area now called England was first inhabited by modern humans during the Upper Paleolithic . It takes its name from the Angles , a Germanic tribe who settled during

20083-547: The standing of the British military and navy – was prestigious. Technologically, this era saw many innovations that proved key to the United Kingdom's power and prosperity. Political agitation at home from radicals such as the Chartists and the suffragettes enabled legislative reform and universal suffrage . Power shifts in east-central Europe led to World War I; hundreds of thousands of English soldiers died fighting for

20234-499: The statute did not affirmatively require statutory solemnization and was silent as to preexisting common law. Court decisions that analyze, interpret and determine the fine boundaries and distinctions in law promulgated by other bodies are sometimes called "interstitial common law," which includes judicial interpretation of fundamental laws, such as the US Constitution , of legislative statutes, and of agency regulations , and

20385-411: The statute must "speak directly" to the question addressed by the common law. Mobil Oil Corp. v. Higginbotham , 436 U. S. 618, 625 (1978); Milwaukee v. Illinois , 451 U. S. 304, 315 (1981). As another example, the Supreme Court of the United States in 1877, held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage , because

20536-758: The style of reasoning inherited from the English legal system. Today, one-third of the world's population lives in common law jurisdictions or in mixed legal systems that combine the common law with the civil law, including Antigua and Barbuda, Australia , The Bahamas , Bangladesh, Barbados, Belize, Botswana, Cameroon, Canada (both the federal system and all its provinces except Quebec), Cyprus , Dominica, Fiji, Ghana, Grenada, Guyana, Hong Kong , India , Ireland , Israel , Jamaica, Kenya, Liberia, Malaysia , Malta , Marshall Islands, Micronesia, Myanmar, Namibia, Nauru, New Zealand , Nigeria, Pakistan , Palau, Papua New Guinea, Philippines, Sierra Leone, Singapore , South Africa , Sri Lanka , Trinidad and Tobago,

20687-596: The term included English and Welsh Roman Catholics whom the original draft of the Nonconformist Relief Act 1779 styled " Protesting Catholic Dissenters ". In practice, however, it designates Protestant Dissenters referred to in sec. ii. of the Act of Toleration of 1689 (see English Dissenters ). The term recusant , in contrast, came to refer to Roman Catholics rather than Protestant dissenters. The term has also been applied to those bodies who dissent from

20838-463: The thirteenth century has been traced to Bracton 's On the Laws and Customs of England and led to the yearly compilations of court cases known as Year Books , of which the first extant was published in 1268, the same year that Bracton died. The Year Books are known as the law reports of medieval England, and are a principal source for knowledge of the developing legal doctrines, concepts, and methods in

20989-491: The threat: Spain launched two further armadas, in 1596 and 1597 , but both were driven back by storms. The political structure of the island changed in 1603, when the King of Scots , James VI , a kingdom which had been a long-time rival to English interests, inherited the throne of England as James I, thereby creating a personal union . He styled himself King of Great Britain , although this had no basis in English law. Under

21140-405: The trend of judicial thought. We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, explosives, and things of like nature, to things which in their normal operation are implements of destruction. If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of

21291-473: The two branches of the royal family, the Yorkists and Lancastrians . Eventually it led to the Yorkists losing the throne entirely to a Welsh noble family the Tudors , a branch of the Lancastrians headed by Henry Tudor who invaded with Welsh and Breton mercenaries, gaining victory at the Battle of Bosworth Field where the Yorkist king Richard III was killed. During the Tudor period , England began to develop naval skills , and exploration intensified in

21442-428: The warming of the sea by the Gulf Stream . Rainfall is higher in the west, and parts of the Lake District receive more rain than anywhere else in the country. Since weather records began, the highest temperature recorded was 40.3 °C (104.5 °F) on 19 July 2022 at Coningsby , Lincolnshire , while the lowest was −26.1 °C (−15.0 °F) on 10 January 1982 in Edgmond , Shropshire. The fauna of England

21593-425: The world's first industrialised nation. England is home to the two oldest universities in the English-speaking world: the University of Oxford , founded in 1096, and the University of Cambridge , founded in 1209. Both universities are ranked among the most prestigious in the world. England's terrain chiefly consists of low hills and plains , especially in the centre and south . Upland and mountainous terrain

21744-453: Was an interwoven part of the wider multifaceted Wars of the Three Kingdoms , involving Scotland and Ireland . The Parliamentarians were victorious, Charles I was executed and the kingdom replaced by the Commonwealth . Leader of the Parliament forces, Oliver Cromwell declared himself Lord Protector in 1653; a period of personal rule followed. After Cromwell's death and the resignation of his son Richard as Lord Protector, Charles II

21895-497: Was devised as a means of compensating someone for wrongful acts known as torts , including both intentional torts and torts caused by negligence , and as developing the body of law recognizing and regulating contracts . The type of procedure practiced in common law courts is known as the adversarial system ; this is also a development of the common law. In 1154, Henry II became the first Plantagenet king. Among many achievements, Henry institutionalized common law by creating

22046-401: Was established with the Bill of Rights in 1689. Among the statutes set down were that the law could only be made by Parliament and could not be suspended by the King, also that the King could not impose taxes or raise an army without the prior approval of Parliament. Also since that time, no British monarch has entered the House of Commons when it is sitting, which is annually commemorated at

22197-399: Was invited to return as monarch in 1660, in a move called the Restoration . With the reopening of theatres, fine arts, literature and performing arts flourished throughout the Restoration of the "Merry Monarch" Charles II. After the Glorious Revolution of 1688, it was constitutionally established that King and Parliament should rule together, though Parliament would have the real power. This

22348-572: Was lower than the present day and Britain was connected by land bridge to Ireland and Eurasia . As the seas rose, it was separated from Ireland 10,000 years ago and from Eurasia two millennia later. The Beaker culture arrived around 2,500 BC, introducing drinking and food vessels constructed from clay, as well as vessels used as reduction pots to smelt copper ores. It was during this time that major Neolithic monuments such as Stonehenge (phase III) and Avebury were constructed. By heating together tin and copper, which were in abundance in

22499-418: Was near universal for centuries. Many notable writers, including A. V. Dicey , William Markby , Oliver Wendell Holmes , John Austin , Roscoe Pound , and Ezra Ripley Thayer , eventually adopted the modern definition of common law as "case law" or ratio decidendi , which serves as binding precedent . In a common law jurisdiction several stages of research and analysis are required to determine "what

22650-568: Was subsequently proclaimed emperor a century later. There is debate about when Christianity was first introduced; it was no later than the 4th century, probably much earlier. According to Bede , missionaries were sent from Rome by Eleutherius at the request of the chieftain Lucius of Britain in 180 AD, to settle differences as to Eastern and Western ceremonials, which were disturbing the church. There are traditions linked to Glastonbury claiming an introduction through Joseph of Arimathea , while others claim through Lucius of Britain. By 410, during

22801-401: Was the spoken language during this time. Society was tribal; according to Ptolemy 's Geographia there were around 20 tribes in the area. Like other regions on the edge of the Empire, Britain had long enjoyed trading links with the Romans. Julius Caesar of the Roman Republic attempted to invade twice in 55 BC; although largely unsuccessful, he managed to set up a client king from

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