Judges, Legislators and Professors: Chapters in European Legal Historyby R. C. van Caenegem, R. C. Caenegem
Pub. Date: 10/28/1987
Publisher: Cambridge University Press
Ten concrete examples reveal by what process and for what historical reasons continental law and common law have come to differ in a historical introduction to continental law. See more details below
Ten concrete examples reveal by what process and for what historical reasons continental law and common law have come to differ in a historical introduction to continental law.
- Cambridge University Press
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Table of ContentsPart I. The Common Law is Different: Ten Illustrations: 1. The ambiguity of the term 'law'; 2. Appeal: a recent development; 3. English law is a 'seamless web'; 4. The rule of exclusion; 5. A land without a constitution?; 6. The consequences of parliamentary absolutism; 7. The haphazard development of criminal law; 8. Prosecution and verdict in criminal trials; 9. A law uncodified; Jurists are dispensable; Part II. The Mastery of the Law: Judges, Legislators and Professors: 10. Some facts; 11. Explanations: the 'national spirit'?; 12. Explanations: authoritarian Roman law and democratic England?; 13. Explanations: political history; Part III. The Divergent Paths of Common Law and Civil Law: 14. Common law and civil law: the parting of the ways; 15. The ways remain separate; 16. Which diverged from which?; Part VI. Which is Best, Case Law, Statute Law, Or Book Law: 17. The judges: amateurs and professionals; 18. The courts and their creators; 19. Codification: a weapon against the judiciary; 20. Law professors serve the powers that be; 21. Eight criteria of good law.
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