Charting the Divide Between Common and Civil Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Charting the Divide Between Common and Civil Law PDF full book. Access full book title Charting the Divide Between Common and Civil Law by Thomas Lundmark. Download full books in PDF and EPUB format.
Author: Thomas Lundmark
Publisher: Oxford University Press, USA
ISBN: 0199738823
Category : Language Arts & Disciplines
Languages : en
Pages : 482
Get Book Here
Book Description
INTRODUCTION CHAPTER ONE: The Discipline of Comparative Law CHAPTER TWO: Comparative Legal Linguistics CHAPTER THREE: Comparative Jurisprudence CHAPTER FOUR: Lawyers CHAPTER FIVE: Judges and Judiciaries CHAPTER SIX: Lay Judges and Juries CHAPTER SEVEN: Legal Reasoning CHAPTER EIGHT: Statutes and their Construction CHAPTER NINE: Judicial Precedents CONCLUSION.
Author: Thomas Lundmark
Publisher: Oxford University Press, USA
ISBN: 0199738823
Category : Language Arts & Disciplines
Languages : en
Pages : 482
Get Book Here
Book Description
INTRODUCTION CHAPTER ONE: The Discipline of Comparative Law CHAPTER TWO: Comparative Legal Linguistics CHAPTER THREE: Comparative Jurisprudence CHAPTER FOUR: Lawyers CHAPTER FIVE: Judges and Judiciaries CHAPTER SIX: Lay Judges and Juries CHAPTER SEVEN: Legal Reasoning CHAPTER EIGHT: Statutes and their Construction CHAPTER NINE: Judicial Precedents CONCLUSION.
Author: Thomas Lundmark
Publisher:
ISBN: 9780190259914
Category : Civil law
Languages : en
Pages : 465
Get Book Here
Book Description
5. Judges and Judiciaries; A. Historical Development; B. Court Structure; C. The Selection, Training, and Tasks of Judges; Summary; 6. Lay Judges and Juries; A. Historical Development; B. Selection and Training; C. Justifications for Lay Judges and Juries; Summary; PART THREE: Legal Rules; 7. Legal Reasoning; A. Law, Rules, Norms, Making Law, and Finding Law; B. Four Steps in Making and Applying the Law; C. The Thinking Processes in Making Law; D. Logic and Legal Reasoning; E. Mischaracterizations of Common Law Reasoning; Summary; 8. Statutes and their Construction.
Author: Nicoletta Bersier
Publisher: Springer Nature
ISBN: 3030877183
Category : Law
Languages : en
Pages : 194
Get Book Here
Book Description
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.
Author: Nicoletta Bersier
Publisher:
ISBN: 9783030877194
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
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.
Author: M. T.
Publisher: GRIN Verlag
ISBN: 3656986304
Category : Law
Languages : en
Pages : 17
Get Book Here
Book Description
Essay from the year 2016 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 78%, 17 Punkte, University of Hull, language: English, abstract: In times of globalization and internationalisation comparative legal studies play an ever more important role. Especially against the backdrop of trying to foster understanding of different cultures as well as to enhance the development of domestic legal systems and thereby improve one’s own law , comparative law studies are becoming increasingly significant. Comparative legal studies can be defined as the purposeful analysis of different laws or legal systems through the use of one or more approaches. Comparative law consists of the fields ‘private international law’, ‘the making of law’, ‘the interpretation and application of the law’, ‘the confluence of the law and the development of general common principles’ and ‘the unification of the law’ . The aim of this essay is to explain these five basic fields in which comparative legal studies are employed and to illustrate these subjects by giving examples.
Author: Peter Joseph Hamilton
Publisher:
ISBN:
Category : Civil law systems
Languages : en
Pages : 250
Get Book Here
Book Description
Author: Martin Vranken
Publisher:
ISBN: 9781760020293
Category : Civil law
Languages : en
Pages : 169
Get Book Here
Book Description
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.
Author: Geoffrey Samuel
Publisher: Edward Elgar Publishing
ISBN: 1782546383
Category : Law
Languages : en
Pages : 205
Get Book Here
Book Description
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
Author: Sean Patrick Donlan
Publisher: Routledge
ISBN: 0429751419
Category : Law
Languages : en
Pages : 135
Get Book Here
Book Description
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Author: Peter Joseph Hamilton
Publisher: Forgotten Books
ISBN: 9781333443665
Category : Political Science
Languages : en
Pages : 252
Get Book Here
Book Description
Excerpt from The Origin and Growth of the Common Law in England and America: A Study of Private Law, Comparing the Evolution of the Common Law and the Civil Law No one knows better than myself that this book is at best only an introduction, but a good introduction to law has a real place to fill. The authorities before each lecture are themselves only a selection, a selection which individual tastes would perhaps vary, but at least they will enable students to go further into the subjects discussed. Space compelled the. Limitation of cases to those in the Supreme Court. The Tables are useful, but necessarily brief and probably omit some. Men and events which others would think appropriate; they can be enlarged at will. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
