书城外语法律专业英语教程
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第58章 Law of Succession 继承法(6)

Proximity of blood is a system wherein the person closest in degree of kinship to the sovereign succeeds, preferring males over females and elder over younger siblings. This is sometimes used as a gloss for“pragmatic”successions in Europe; it had somewhat more standing during the Middle Ages everywhere in Europe. In Outremer it was often used to choose regents, and it figured in some of the succession disputes over the Kingdom of Jerusalem. Itwas also recognized in that kingdom for the succession of fiefs, under special circumstances: if a fief was lost to the Saracens and subsequently reconquered, it was to be assigned to the heir in proximity of blood of the last fief-holder.

9. Ultimogeniture

Ultimogeniture is an order of succession where the subject is succeeded by the youngest son ( or youngest child) . This serves the circumstances where the youngest is“keeping the hearth”, taking care of the parents and continuing at home, whereas elder children have had time to succeed“out in the world”and provide for themselves. Remembering the usual age at death, the system has been relatively impractical during past centuries—primogeniture actually evolved from the usual fact that the eldest was most probable to have reached the age of maturity, while the youngest have often been babies. Ultimogeniture has been suitable to rulers who have ruled already for several decades and are leaving children who are more or less all adults.

10. Lateral succession

Lateral or fraternal system of succession mandates principles of seniority among members of a dynasty or dynastic clan, with a purpose of election a best qualified candidate for the leadership. The leaders are elected as being the most mature elders of the clan, already in possession of military power and competence. Fraternal succession is preferred to ensure that mature leaders are in charge, removing a need for regents. The lateral systemof succession may or may not excludemaledescendants in thefemale line from succession. In practice, when no male heir is mature enough, a female heir is usually determined“pragmatically”, by proximity to the last monarch, like Boariks of the Caucasian Huns or Tamiris of Massagetes. The lateral monarch is generally elected after the leadership throne becomes vacant. In the early years of the Mongol empire, the death of the ruling monarchs, Genghis Khan andgedei Khan, immediately stopped the Mongol western campaigns because of the upcoming elections. See also the Agnatic seniority.

algorithm /lg rim/n. [数]运算法则

hereditary /hi redit ri/adj.世袭的,遗传的

vacate /v keit/vt.腾出,空出,离(职) ,退(位)

sibling / sibli /n.兄弟,姐妹,同胞,同属

collateral /k l t r l/adj.间接的

morganatic / m g n tik/adj.贵贱通婚的(指王室、贵族成员

与庶民通婚的)

coronation / k r nein/n.加冕礼

incumbent /in k mb nt/adj.职责所在的,负有义务的

primogeniture / praim d enit/n.长子身份,长子继承权

agnatic / g n tik /adj.男系亲属的

heiress /ris/n.女性继承人

electoral /i lekt r l/adj.选举人的,选举的

genealogical / d i ni l d ik l/adj.宗谱的,系谱的,家系的

seniority / si nir ti/n.资历

fief-holdern.封地拥有者

partible / p t bl /adj.可分的

abeyance / bei ns/n.暂时无效,中止,归属待定

ultimogeniture / ltim u d enit/n.幼子继承制

proxi m i ty of bl ood近亲,骨肉之亲

el ecti ve m onarchy选举君主政体

the ri ghtfulsuccessor合法的继承者

take precedence over优先于;地位高于

1.ereditary monarchy (世袭君主制) : A hereditary monarchy is the most common style f monarchy and is theformthat is used by almost all of the world s existing monarchies. Under a hereditary monarchy, all the monarchs come from the same family, and the crown is passed down from one member to another member of the family. The hereditary system has the advantages of stability, continuity and predictability, as well as the internal stabilizing factors of family affection and loyalty.

2.rimogeniture (长子继承权) : Primogeniture is the common law right of the firstborn on to inherit the entire estate, to the exclusion of younger siblings. It is the tradition rought by the Normans of Normandy to England in 1066. According to the Norman radition, the firstborn son inherited the entirety of a parents wealth, estate, title or ffice. In the absence of children, inheritancepassed to thecollateral relatives, in order of seniority of the collateral line.

3.ingdom of the Two Sicilies (两西西里王国) : The Kingdom of the Two Sicilies Italian: Regno delle Due Sicilie) , commonly known as just the Two Sicilies, was the ame of a kingdom in Europe. The most common definition of the kingdoms extent is hat it was a uniting of two much older kingdoms in the Mediterranean that had shared ome common history: the Kingdom of Naples, on the southern part of the Italian eninsula, and the Kingdom of Sicily, located on the island of Sicily. The capital city of the combined kingdom was Naples.

4.ar of the Austrian Succession (奥地利王位继承战) : The War of the Austrian uccession ( 1740-1748) involved nearly all the powers of Europe. The war began under he pretext that Maria Theresa of Austria was ineligibleto succeed to theHabsburg throne, because Salic law precluded royal inheritance by a woman.

5. Succession to the Crown Bill (《王位继承条例》) : The Succession to the Crown Bill was a British Private Member s Bill aimed at reforming the manner of succession to the ritish Monarchy published in the Houseof Lords by Labour peer LordDubs on December 9, 2004, and withdrawn by him on January 14, 2005, after the Government said that it would block the Bill.