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The Civil Law System
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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.
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 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.
Book Synopsis Major Legal Systems in the World Today by : René David
Download or read book Major Legal Systems in the World Today written by René David and published by Simon and Schuster. This book was released on 1978 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.
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 168 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 since the book was first published in 1969, and includes a new chapter on the future of the civil law tradition.
Book Synopsis Charting the Divide Between Common and Civil Law by : Thomas Lundmark
Download or read book Charting the Divide Between Common and Civil Law written by Thomas Lundmark and published by Oxford University Press. This book was released on 2012-08-15 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean when civil lawyers and common lawyers think differently? In Charting the Divide between Common and Civil Law, Thomas Lundmark provides a comprehensive introduction to the uses, purposes, and approaches to studying civil and common law in a comparative legal framework. Superbly organized and exhaustively written, this volume covers the jurisdictions of Germany, Sweden, England and Wales, and the United States, and includes a discussion of each country's legal issues, structure, and their general rules. Professor Lundmark also explores the discipline of comparative legal studies, rectifying many of the misconceptions and prejudices that cloud our understanding of the divide between the common law and civil law traditions. Students of international law, comparative law, social philosophy, and legal theory will find this volume a valuable introduction to common and civil law. Lawyers, judges, political scientists, historians, and philosophers will also find this book valuable as a source of reference. Charting the Divide between Common and Civil Law equips readers with the background and tools to think critically about different legal systems and evaluate their future direction.
Book Synopsis A Primer on the Civil-law System by : James G. Apple
Download or read book A Primer on the Civil-law System written by James G. Apple and published by . This book was released on 1995 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contract Law by : Claire-Michelle Smyth
Download or read book Contract Law written by Claire-Michelle Smyth and published by Business Expert Press. This book was released on 2018-07-09 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text serves as an accessible introduction to the law of contract. The headings chosen for examination track the main points in the lifetime of a contract-from its formation, drafting, and onward to its eventual dissolution, whether this occurs due to the terms of the contract, the will of the parties, or because of a breach of the agreed terms. It also provides studies of other notable areas within the subject, such as third-party rights, damages, and equitable remedies. In distinction to other guides to contract law, this text provides a comparative analysis of the area, incorporating sources drawn from both the civil law tradition, characteristic of several nations within Continental Europe, as well as the Anglo-American common law tradition, with cases and legislation drawn from England and the United States of America. It also explores contract law in the unique context of so-called hybrid jurisdictions-those that incorporate elements of both the common law and civilian traditions. As business assumes a global dimension, knowledge of the operation of contract law across various legal traditions and national contexts is increasingly at a premium. This text enables the student to gain a coherent vision of contract law, as well as to speak confidently when discussing the intricacies of the subject.
Book Synopsis Common Law, Civil Law, and Colonial Law by : William Eves
Download or read book Common Law, Civil Law, and Colonial Law written by William Eves and published by Cambridge University Press. This book was released on 2021-04-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Book Synopsis The Role of Judicial Decisions and Doctrine in Civil Law and in Mixed Jurisdictions by : Joseph Dainow
Download or read book The Role of Judicial Decisions and Doctrine in Civil Law and in Mixed Jurisdictions written by Joseph Dainow and published by . This book was released on 1974-01-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the auspices of the Louisiana State University Law School, Institute of Civil Law Studies and the Bailey lecture series.
Book Synopsis Judges and Judging in the History of the Common Law and Civil Law by : Paul Brand
Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul Brand and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
Book Synopsis The Jurisprudence of Holland by : Hugo Grotius
Download or read book The Jurisprudence of Holland written by Hugo Grotius and published by . This book was released on 1926 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Common Legal Past of Europe, 1000–1800 by : Manlio Bellomo
Download or read book The Common Legal Past of Europe, 1000–1800 written by Manlio Bellomo and published by CUA Press. This book was released on 1995 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad history of the western European legal tradition. Bellomo discusses the great jurists who gave common law its intellectual vigor as well as the humanist jurists of the period.
Book Synopsis International Criminal Procedure by : Linda Carter
Download or read book International Criminal Procedure written by Linda Carter and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.' – Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law 'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.' – Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The issues include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal. International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.
Book Synopsis National Judges As EU Law Judges: The Polish Civil Law System by : Urszula Jaremba
Download or read book National Judges As EU Law Judges: The Polish Civil Law System written by Urszula Jaremba and published by Martinus Nijhoff Publishers. This book was released on 2013-10-17 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Judges as EU law Judges: The Polish Civil Law System by Urszula Jaremba aims at filling a research gap in one of the key areas of EU law concerning its enforcement at the national level and the phenomenon of judicial behaviour. More precisely, it examines the way civil judges in Poland function as EU law judges, and the practical problems they encounter while striving to actualise this constitutive role. However, the book goes beyond the formal law scenario, and investigates how Polish civil judges establish their own understanding of EU law and the new requirements it has imposed upon them. To this end, the study employs an empirical − that is to say quantitative and qualitative − methodology and theory to result in a socio-legal study that combines legal and empirical insights into the way national judges function in the context of EU law.
Book Synopsis The German Civil Code (as Amended to January 1, 1975) by : Germany
Download or read book The German Civil Code (as Amended to January 1, 1975) written by Germany and published by Fred B. Rothman. This book was released on 1975 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, which also contains the Introductory Act to the Code and the Marriage Law of the FRG, comes at a time when the growth of the Common Market and international trade have made access to the Code in English increasingly important.
Book Synopsis Intellectual Property in Common Law and Civil Law by : Toshiko Takenaka
Download or read book Intellectual Property in Common Law and Civil Law written by Toshiko Takenaka and published by Edward Elgar Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization.
