Legal Definitions - diversité des courts

Diversité des courts refers to an important historical legal treatise, or scholarly work, written in French during medieval England, likely in the 14th century. The title translates to "Diversity of Courts" or "Variety of Courts." This document served as a foundational text that described the different types of courts operating in England at the time and outlined their respective jurisdictions and powers. It is particularly noted for its insights into the early workings of the Court of Chancery and its role in addressing cases based on principles of fairness and conscience, which the traditional common law courts could not resolve.

Here are some examples illustrating the significance of Diversité des courts:

• Academic Research on Legal History:

  Imagine a legal historian writing a book about the evolution of the English judicial system from the medieval period to the present day. This historian would consult Diversité des courts as a primary source to understand the structure and functions of various courts, such as the King's Bench, the Court of Common Pleas, and the Court of Chancery, during the reign of Edward III. The treatise would provide crucial details about which types of cases each court handled and how their jurisdictions overlapped or differed.

  This example illustrates Diversité des courts as a vital historical document that offers direct insight into the legal landscape of medieval England, allowing scholars to reconstruct and analyze the judicial system of that era.

• Law School Curriculum on Equity:

  In a modern law school course focusing on the history and principles of equity, students might be assigned readings or discussions about Diversité des courts. The professor could use the treatise to explain how the Court of Chancery developed to provide remedies for "matters of conscience" where common law was inadequate. For instance, students would learn how the treatise cataloged specific situations where a party could seek relief from the Chancellor, laying the groundwork for modern equitable doctrines like specific performance or injunctions.

  This example demonstrates how Diversité des courts is used in legal education to teach the historical origins of fundamental legal concepts, particularly the development of equity as a distinct branch of law designed to achieve fairness.