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A justice of the peace (JP) is a judicial officer, of a lower or ''puisne'' court, elected or appointed by means of a commission (letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs. ==History== In 1195, Richard I (''"the Lionheart"'') of England commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King for ensuring that the law was upheld and preserving the "King's peace". Therefore, they were known as "keepers of the peace".〔Charles Austin Beard. The Office of Justice of the Peace in England in Its Origin and Development. AMS Press, 1967. An act of 1327 had referred to "good and lawful men" to be appointed in every county in the land to "guard the peace"; such individuals were first referred to as conservators of the peace, or wardens of the peace. The title ''justice of the peace'' derives from 1361,〔(【引用サイトリンク】title=Justices of the Peace Act 1361 )〕 in the reign of King Edward III Plantagenet. The "peace" to be guarded is the sovereign's, the maintenance of which is the duty of the Crown under the royal prerogative. Justices of the peace still use the power conferred or re-conferred on them since 1361 to bind over unruly persons "to be of good behaviour". The bind over is not a punishment, but a preventive measure, intended to ensure that people thought likely to offend will not do so. The justices' alternative title of "magistrate" dates from the 16th century, although the word had been in use centuries earlier to describe some legal officials of Roman times. In the centuries from the Tudor period until the onset of the Industrial Revolution, the JPs constituted a major element of the English (later British) governmental system, which had been termed sometimes squirearchy (i.e., dominance of the land-owning gentry). For example, historian Tim Blanning notes〔Tim Blanning, "The Pursuit of Glory: Europe 1648-1815", Penguin, 2007〕 that while in Britain the royal prerogative was decisively curbed by the Bill of Rights 1689, in practice the central government in London had a greater ability to get its policies implemented in the rural outlying regions than could contemporary absolute monarchies such as France – a paradox due especially to JPs belonging to the same social class as the Members of Parliament and thus having a direct interest in getting laws actually enforced and implemented on the ground. Being an unpaid office, undertaken voluntarily and sometimes more for the sake of renown or to confirm the justice's standing within the community, the justice was typically a member of the gentry. The justices of the peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws. Towns and boroughs with enough burdensome judicial business that could not find volunteers for the unpaid role of justice of the peace had to petition the Crown for authority to hire a paid stipendiary magistrate. The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from those municipal corporations that had it. This was replaced by the present system, where the Lord Chancellor nominates candidates with local advice, for appointment by the Crown. Until the introduction of elected county councils in the 19th century, JPs, in quarter sessions, also administered the county at a local level. They fixed wages, regulated food supplies, built and controlled roads and bridges, and undertook to provide and supervise locally those services mandated by the Crown and Parliament for the welfare of the county. Women were not allowed to become JPs in the United Kingdom until 1919, the first woman being Ada Summers, the Mayor of Stalybridge, who was a JP by virtue of her office. Emily Murphy of Edmonton, Canada, preceded her by some three and a half years.〔Byrne Hope Sanders, "Emily Murphy: Crusader", Macmillan, Toronto, 1945;〕〔Christine Mander, "Emily Murphy: Rebel", Simon & Pierre, Toronto, 1985〕 Now in the UK, 50% of JPs are women. In special circumstances, a justice of the peace can be the highest governmental representative, so in fact 'gubernatorial', in a colonial entity. This was the case in the Tati Concessions Land, a gold-mining concession (territory) in the Matabele kingdom, until its annexation by the British Bechuanaland protectorate. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「justice of the peace」の詳細全文を読む スポンサード リンク
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