Society and Legal Change (Second Edition) / Edition 2

Society and Legal Change (Second Edition) / Edition 2

by Alan Watson
     
 

ISBN-10: 1566399203

ISBN-13: 9781566399203

Pub. Date: 08/28/2001

Publisher: Temple University Press

In this first U.S. edition of a classic work of comparative legal scholarship, Alan Watson argues that law fails to keep step with social change, even when that change is massive. To illustrate the ways in which law is dysfunctional, he draws on the two most innovative western systems, of Rome and England, to show that harmful rules continue for centuries. To make…  See more details below

Overview

In this first U.S. edition of a classic work of comparative legal scholarship, Alan Watson argues that law fails to keep step with social change, even when that change is massive. To illustrate the ways in which law is dysfunctional, he draws on the two most innovative western systems, of Rome and England, to show that harmful rules continue for centuries. To make his case, he uses examples where, in the main, "the law benefits no recognizable group or class within the society (except possibly lawyers who benefit from confusion) and is generally inconvenient or positively harmful to society as a whole or to large or powerful groups within the society."

Widely respected for his "fearless challenge of the accepted or dominant view and his own encyclopedic knowledge of Roman law" (The Encyclopedia of Historians and Historical Writing), Watson considers the development of law in global terms and across the centuries. His arguments centering on how societies borrow from other legal systems and the continuity of legal systems are particularly instructive for those interested in legal development and the development of a common law for the European Union.

Author Biography: Alan Watson is Ernest P. Rogers Professor of Law and Distinguished Research Professor at the University of Georgia School of Law; he is the author or editor of some forty books, including The Evolution of Western Private Law and Legal Transplants (now in its second edition). Two collection of essays honoring Professor Watson's work have recently been published.

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Product Details

ISBN-13:
9781566399203
Publisher:
Temple University Press
Publication date:
08/28/2001
Edition description:
2ND
Pages:
168
Product dimensions:
5.40(w) x 8.20(h) x 0.50(d)

Table of Contents

Foreword
Preface to the Second Edition
Preface
Abbreviations
Ch. 1Introduction1
Ch. 2Roman Law: the System of Contracts12
Ch. 3Roman Law: Patria Potestas23
Ch. 4Roman Law: Further Points31
Ch. 5English Law: Real Property; Tenure and Registration47
Ch. 6English Law: Libel and Slander61
Ch. 7Wider Perspectives76
Ch. 8Legal Scaffolding87
Ch. 9Legal Transplants98
Ch. 10Causes of Divergence115
Ch. 11Some Conclusions130
Ch. 12Study of Legal Development140
Index147

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