Great Legal Traditions

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Great Legal Traditions

Author : John Warren Head
Publisher :
ISBN 13 : 9781594609572
Total Pages : 676 pages
Book Rating : 4.6/5 (95 download)

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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.

Legal Traditions in Asia

Author : Janos Jany
Publisher : Springer Nature
ISBN 13 : 3030437280
Total Pages : 492 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Legal Traditions in Asia by : Janos Jany

Download or read book Legal Traditions in Asia written by Janos Jany and published by Springer Nature. This book was released on 2020-04-08 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

Common Law – Civil Law

Author : Nicoletta Bersier
Publisher : Springer Nature
ISBN 13 : 3030877183
Total Pages : 194 pages
Book Rating : 4.0/5 (38 download)

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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.

A Cosmopolitan Jurisprudence

Author : Helge Dedek
Publisher : Cambridge University Press
ISBN 13 : 1108841724
Total Pages : 325 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis A Cosmopolitan Jurisprudence by : Helge Dedek

Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.

The Tradition and Modern Transition of Chinese Law

Author : Jinfan Zhang
Publisher : Springer
ISBN 13 : 9783662521144
Total Pages : 0 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis The Tradition and Modern Transition of Chinese Law by : Jinfan Zhang

Download or read book The Tradition and Modern Transition of Chinese Law written by Jinfan Zhang and published by Springer. This book was released on 2016-09-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.

American Law in a Global Context

Author : George P. Fletcher
Publisher : Oxford University Press, USA
ISBN 13 : 9780195167238
Total Pages : 700 pages
Book Rating : 4.1/5 (672 download)

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Book Synopsis American Law in a Global Context by : George P. Fletcher

Download or read book American Law in a Global Context written by George P. Fletcher and published by Oxford University Press, USA. This book was released on 2005 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Paralegal program 101101.

Roman Law and the Origins of the Civil Law Tradition

Author : George Mousourakis
Publisher : Springer
ISBN 13 : 3319122681
Total Pages : 339 pages
Book Rating : 4.3/5 (191 download)

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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 339 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.

Legal Traditions of the World

Author : H. Patrick Glenn
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.:/5 (51 download)

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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.

A History of Law in Canada, Volume One

Author : Philip Girard
Publisher : University of Toronto Press
ISBN 13 : 1487530595
Total Pages : 928 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis A History of Law in Canada, Volume One by : Philip Girard

Download or read book A History of Law in Canada, Volume One written by Philip Girard and published by University of Toronto Press. This book was released on 2018-12-21 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Gypsy Law

Author : Walter O. Weyrauch
Publisher : Univ of California Press
ISBN 13 : 9780520221857
Total Pages : 312 pages
Book Rating : 4.2/5 (218 download)

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Book Synopsis Gypsy Law by : Walter O. Weyrauch

Download or read book Gypsy Law written by Walter O. Weyrauch and published by Univ of California Press. This book was released on 2001-08-13 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique collection of scholarly essays gathered and reprinted from American Journal of Comparative Law (1997) and the Yale Law Journal (1993) on the legal traditions of the Roma, or Gypsies. A fascinating account of how a primarily alien culture functions in a larger social context.

Great Christian Jurists in American History

Author : Daniel L. Dreisbach
Publisher : Cambridge University Press
ISBN 13 : 1108602134
Total Pages : pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Great Christian Jurists in American History by : Daniel L. Dreisbach

Download or read book Great Christian Jurists in American History written by Daniel L. Dreisbach and published by Cambridge University Press. This book was released on 2019-07-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: From the early days of European settlement in North America, Christianity has had a profound impact on American law and culture. This volume profiles nineteen of America's most influential Christian jurists from the early colonial era to the present day. Anyone interested in American legal history and jurisprudence, the role Christianity has played throughout the nation's history, and the relationship between faith and law will enjoy this worthy and unique study. The jurists covered in this collection were pious men and women, but that does not mean they agreed on how faith should inform law. From Roger Williams and John Cotton to Antonin Scalia and Mary Ann Glendon, America's great Christian jurists have brought their faith to bear on the practice of law in different ways and to different effects.

The History of Law in Europe

Author : Bart Wauters
Publisher : Edward Elgar Publishing
ISBN 13 : 1786430762
Total Pages : 293 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The History of Law in Europe by : Bart Wauters

Download or read book The History of Law in Europe written by Bart Wauters and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

The People and Their Peace

Author : Laura F. Edwards
Publisher : UNC Press Books
ISBN 13 : 1469619857
Total Pages : 448 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis The People and Their Peace by : Laura F. Edwards

Download or read book The People and Their Peace written by Laura F. Edwards and published by UNC Press Books. This book was released on 2014-06-30 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the half-century following the Revolutionary War, the logic of inequality underwent a profound transformation within the southern legal system. Drawing on extensive archival research in North and South Carolina, Laura F. Edwards illuminates those changes by revealing the importance of localized legal practice. Edwards shows that following the Revolution, the intensely local legal system favored maintaining the "peace," a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. Those without rights--even slaves--had influence within the system because of their positions of subordination, not in spite of them. By the 1830s, however, state leaders had secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. Edwards concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans. Placing slaves, free blacks, and white women at the center of the story, The People and Their Peace recasts traditional narratives of legal and political change and sheds light on key issues in U.S. history, including the persistence of inequality--particularly slavery--in the face of expanding democracy.

Moving Toward Justice

Author : John D. Whyte
Publisher : Purich Publishing
ISBN 13 : 9781895830330
Total Pages : 0 pages
Book Rating : 4.8/5 (33 download)

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Book Synopsis Moving Toward Justice by : John D. Whyte

Download or read book Moving Toward Justice written by John D. Whyte and published by Purich Publishing. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The essays collected in Moving Toward Justice include analyses of the challenges of legal pluralism, restorative justice, gender and race in sentencing, notions of community, and reconciliation in Aboriginal justice." "This book aims to underscore the urgent need for Aboriginal justice reform, to suggest the outlines of the constitutional and administrative changes that will allow reform to occur, and to explore a series of specific issues that have arisen from reforms already made. It is a book for scholars, policy makers, and all those interested to or working with justice issues."--BOOK JACKET.

Indigenous Legal Traditions

Author : Law Commission of Canada
Publisher : UBC Press
ISBN 13 : 0774855770
Total Pages : 189 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Indigenous Legal Traditions by : Law Commission of Canada

Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Is Eating People Wrong?

Author : Allan C. Hutchinson
Publisher : Cambridge University Press
ISBN 13 : 1139495275
Total Pages : 261 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Is Eating People Wrong? by : Allan C. Hutchinson

Download or read book Is Eating People Wrong? written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2010-11-30 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Great cases are those judicial decisions around which the common law develops. This book explores eight exemplary cases from the United Kingdom, the United States and Australia that show the law as a living, breathing and down-the-street experience. It explores the social circumstances in which the cases arose and the ordinary people whose stories influenced and shaped the law as well as the characters and institutions (lawyers, judges and courts) that did much of the heavy lifting. By examining the consequences and fallout of these decisions, the book depicts the common law as an experimental, dynamic, messy, productive, tantalizing and bottom-up process, thereby revealing the diverse and uncoordinated attempts by the courts to adapt the law to changing conditions and shifting demands. Great cases are one way to glimpse the workings of the common law as an untidy but stimulating exercise in human judgment and social accomplishment.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--