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Author : Oscar G. Chase
Publisher :
ISBN 13 : 9780433462576
Total Pages : 666 pages
Book Rating : 4.74/5 ( download)
Download or read book Common Law, Civil Law and the Future of Categories written by Oscar G. Chase and published by . This book was released on 2010 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 482 pages
Book Rating : 4.18/5 ( download)
Download or read book Common Law - Civil Law written by and published by . This book was released on 2009 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Nicoletta Bersier
Publisher : Springer Nature
ISBN 13 : 3030877183
Total Pages : 194 pages
Book Rating : 4.87/5 ( download)
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.
Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
ISBN 13 : 1782546383
Total Pages : 205 pages
Book Rating : 4.82/5 ( download)
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
Author : Peter Joseph Hamilton
Publisher :
ISBN 13 :
Total Pages : 250 pages
Book Rating : 4.04/5 ( download)
Download or read book The Origin and Growth of the Common Law in England and America written by Peter Joseph Hamilton and published by . This book was released on 1922 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roscoe Pound
Publisher :
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.65/5 ( download)
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by . This book was released on 1921 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roscoe Pound
Publisher : Gloucester, Mass. : P. Smith, 1965 [c1937]
ISBN 13 :
Total Pages : 274 pages
Book Rating : 4.55/5 ( download)
Download or read book The Future of the Common Law written by Roscoe Pound and published by Gloucester, Mass. : P. Smith, 1965 [c1937]. This book was released on 1937 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas J. McSweeney
Publisher : Oxford University Press, USA
ISBN 13 : 0198845456
Total Pages : 305 pages
Book Rating : 4.54/5 ( download)
Download or read book Priests of the Law written by Thomas J. McSweeney and published by Oxford University Press, USA. This book was released on 2019 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.
Author : Roscoe Pound
Publisher : Transaction Publishers
ISBN 13 : 9781412839112
Total Pages : 290 pages
Book Rating : 4.14/5 ( download)
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by Transaction Publishers. This book was released on 1921 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law. In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.
Author : Sir George Bowyer
Publisher : London : Stevens and sons
ISBN 13 :
Total Pages : 118 pages
Book Rating : 4.01/5 ( download)
Download or read book Introduction to the Study and Use of the Civil Law, and to Commentaries on the Modern Civil Law written by Sir George Bowyer and published by London : Stevens and sons. This book was released on 1874 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
