Common Law and Civil Law Today - Convergence and Divergence

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Release : 2019-05-09
Genre : Law
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Book Rating : 071/5 ( reviews)

Common Law and Civil Law Today - Convergence and Divergence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Common Law and Civil Law Today - Convergence and Divergence write by Marko Novakovic. This book was released on 2019-05-09. Common Law and Civil Law Today - Convergence and Divergence available in PDF, EPUB and Kindle. Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.

Common Law – Civil Law

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Release : 2022-01-01
Genre : Law
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Book Rating : 183/5 ( reviews)

Common Law – Civil Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Common Law – Civil Law write by Nicoletta Bersier. This book was released on 2022-01-01. Common Law – Civil Law available in PDF, EPUB and Kindle. 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.

Charting the Divide Between Common and Civil Law

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Release : 2012-08-15
Genre : Law
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Book Rating : 363/5 ( reviews)

Charting the Divide Between Common and Civil Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Charting the Divide Between Common and Civil Law write by Thomas Lundmark. This book was released on 2012-08-15. Charting the Divide Between Common and Civil Law available in PDF, EPUB and Kindle. 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.

Common Law, Civil Law, and Colonial Law

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Release : 2021-04-15
Genre : History
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Book Rating : 448/5 ( reviews)

Common Law, Civil Law, and Colonial Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Common Law, Civil Law, and Colonial Law write by William Eves. This book was released on 2021-04-15. Common Law, Civil Law, and Colonial Law available in PDF, EPUB and Kindle. 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.

The Origin and Growth of the Common Law in England and America

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Release : 1922
Genre : Civil law systems
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The Origin and Growth of the Common Law in England and America - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Origin and Growth of the Common Law in England and America write by Peter Joseph Hamilton. This book was released on 1922. The Origin and Growth of the Common Law in England and America available in PDF, EPUB and Kindle.