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The Civil Law Tradition
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Book Synopsis Roman Law and the Origins of the Civil Law Tradition by : George Mousourakis
Download or read book Roman Law and the Origins of the Civil Law Tradition written by George Mousourakis and published by Springer. This book was released on 2014-12-02 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.
Book Synopsis The Civil Law Tradition by : John Merryman
Download or read book The Civil Law Tradition written by John Merryman and published by Stanford University Press. This book was released on 2018-12-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: A newly updated edition of “the most readable and succinct account of the origins, the development, and the philosophy of the civil law” (Houston Law Review). Designed for general readers and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly published research on Roman and medieval law. In recent years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today.
Book Synopsis The Civil Law Tradition, 3rd Edition by : John Henry Merryman
Download or read book The Civil Law Tradition, 3rd Edition written by John Henry Merryman and published by Stanford University Press. This book was released on 2007-05-21 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events - such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition - and their significance for the civil law tradition.
Book Synopsis The Civil Law Tradition by : John Henry Merryman
Download or read book The Civil Law Tradition written by John Henry Merryman and published by . This book was released on 1985 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for the general reader, this is a concise history and analysis of the civil law tradition, which is dominant in most of Western Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The second edition describes changes in civil law procedures sine the book was first published in 1969, and includes a new chapter on the future of civil law tradition.
Book Synopsis Equity in the Civil Law Tradition by : Renato Beneduzi
Download or read book Equity in the Civil Law Tradition written by Renato Beneduzi and published by Springer Nature. This book was released on 2021-07-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).
Book Synopsis The Civil Law Tradition by : John Henry Merryman
Download or read book The Civil Law Tradition written by John Henry Merryman and published by . This book was released on 1969 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: October 2001
Book Synopsis Common Law – Civil Law by : Nicoletta Bersier
Download or read book Common Law – Civil Law written by Nicoletta Bersier and published by Springer Nature. This book was released on 2022-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.
Book Synopsis Great Legal Traditions by : John Warren Head
Download or read book Great Legal Traditions written by John Warren Head and published by . This book was released on 2011 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Great Legal Traditions: Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective draws on the nearly thirty years of experience that the author has accumulated from working in and writing about a variety of legal systems around the world. After an introduction to the underlying concepts and values of comparative legal studies, Head embarks on a brisk six-chapter survey of European civil law, English and American common law, and Chinese law (both dynastic and contemporary). Each legal tradition is divided into two perspectives — first historical and then operational. Numerous illustrations and biographical sketches bring the historical surveys to life, thereby setting the stage for a close examination of several key attributes of representative legal systems in each of the three traditions. Head's "operational" topics include sources of law, the role and training of lawyers, the division of court jurisdiction, constitutional review, the role of codification, and more — and he gives special attention to comparative criminal procedure. Great Legal Traditions is designed primarily for use in law schools and other graduate programs in comparative history, international relations, and both European and Chinese area studies, but the book is also written to be accessible to a more general readership. The main text is supplemented with numerous appendices that serve in place of a documents supplement. A teacher's manual is also available with guidance on each of the study questions that Head places at the beginning of each chapter (roughly 200 study questions in all). The teacher's manual also provides guidance (and confidence) to instructors not already familiar with Chinese law and history.
Book Synopsis Conceptualising Property Law by : Yaëll Emerich
Download or read book Conceptualising Property Law written by Yaëll Emerich and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
Book Synopsis Legal Traditions of the World by : H. Patrick Glenn
Download or read book Legal Traditions of the World written by H. Patrick Glenn and published by Oxford University Press, USA. This book was released on 2004 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2000.
Book Synopsis Western Legal Traditions by : Martin Vranken
Download or read book Western Legal Traditions written by Martin Vranken and published by . This book was released on 2015 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law constitutes the hallmark of contemporary Western society. However, public perceptions and attitudes to the law can vary in space and time. This book explores legal solutions to selected problem scenarios in their broader historical, economic, political and societal context. The focus is on the legal traditions of civil law and common law.The book is premised on the assumption - indeed, the conviction - that use of the comparative method both facilitates and promotes a deeper understanding of the society in which we live and the rules by which it is shaped. Major 'threads' that run through the book are the relationship between law and morality, the role of the state in regulating human interaction, as well as the relationship between the state and the individual.As a practical matter, the text is divided into 3 Parts. A first Part provides various building blocks for a discussion of 'the law in action' in the second and main Part of the book. A final Part addresses the issue of regional globalisation and its impact on the traditional divide between civil law and common law. An Appendix contains the full text of the Charter of Fundamental Rights of the European Union.
Book Synopsis Global Legal Traditions by : Michael J. Bazyler
Download or read book Global Legal Traditions written by Michael J. Bazyler and published by Carolina Academic Press LLC. This book was released on 2021 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Global Legal Traditions: Comparative Law for the 21st Century explores four legal traditions from around the world, both Western (German civil law and English common law) and non-Western (Chinese law and Islamic law). The book opens by focusing on European-based civil law, represented by German law, before moving on to the common law legal tradition seen in English law. Some comparative law casebooks and study guides stop with Western law but Global Legal Traditions continues by turning to the study of a secular non-European legal tradition by examining Chinese law, or more specifically the law of the People's Republic of China. The book's final section covers the non-state, religion-based legal tradition found in Islamic law, both in its pre-state form and how Islamic law manifests itself within the confines of sovereign state powers. Each part contains seven chapters intended to enable students to draw comparisons and make distinctions between the legal traditions under review. Each part includes five chapters covering common topics: history and development of the legal tradition; political process; judicial process; legal actors and legal education; and civil law. The remaining two chapters for each part focus on a legal subject most relevant to that legal tradition"--
Book Synopsis International Crime and Justice by : Mangai Natarajan
Download or read book International Crime and Justice written by Mangai Natarajan and published by Cambridge University Press. This book was released on 2010-11-15 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: International crime and justice is an emerging field that covers international and transnational crimes that have not been the focus of mainstream criminology or criminal justice. This book examines the field from a global perspective. It provides an introduction to the nature of international and transnational crimes and the theoretical perspectives that assist in understanding the relationship between social change and the waxing and waning of the crime opportunities resulting from globalization, migration, and culture conflicts. Written by a team of world experts, it examines the central role of victim rights in the development of legal frameworks for the prevention and control of transnational and international crimes. It also discusses the challenges to delivering justice and obtaining international cooperation in efforts to deter, detect, and respond to these crimes.
Book Synopsis A Short Introduction to the Common Law by : Geoffrey Samuel
Download or read book A Short Introduction to the Common Law written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural o
Book Synopsis Comparative Legal Traditions by : Mary Ann Glendon
Download or read book Comparative Legal Traditions written by Mary Ann Glendon and published by West Academic Publishing. This book was released on 1994 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents include history, culture, and distribution of the civil law; legal structures in civil law nations; legal actors in the civil law tradition; procedure in civil law system; sources of law and the judicial process in civil law systems; fields of substantive law in civil law systems with regard to economic aspects of divorce, and the role of courts in policing contracts for unfairness; European law and institutions; the rise and fall of the socialist legal tradition; the common-law tradition; history, culture, and distribution of the common-law tradition; legal structures in England; legal actors in England; procedure in England; legal rules in England; and divisions of English law.
Book Synopsis The Civil Law Tradition by : John Henry Merrymann
Download or read book The Civil Law Tradition written by John Henry Merrymann and published by . This book was released on 1972 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is written for amateurs, not professionals. It speaks to the general reader who wants to know what it is that binds together the legal systems of Western Europe and Latin America, and that distinguishes them from the legal systems of the Anglo-American world; and to nonlawyer who wishes to know something about the legal side of European and Latin America culture.
Book Synopsis Comparative legal traditions by : Mary Ann Glendon
Download or read book Comparative legal traditions written by Mary Ann Glendon and published by . This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
