Judges, Legislators and Professors: Chapters in European Legal History

Judges, Legislators and Professors: Chapters in European Legal History

by R. C. van Caenegem, R. C. Caenegem
     
 

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ISBN-10: 0521340772

ISBN-13: 9780521340779

Pub. Date: 01/28/2006

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.

Overview

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.

Product Details

ISBN-13:
9780521340779
Publisher:
Cambridge University Press
Publication date:
01/28/2006
Pages:
216
Product dimensions:
5.43(w) x 8.50(h) x 0.63(d)

Table of Contents

Part 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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