The Civil Law Tradition

Author : John Henry Merryman,Rogelio Pérez-Perdomo
Publisher : Stanford University Press
Page : 196 pages
File Size : 53,5 Mb
Release : 2007-05-21
Category : Law
ISBN : 0804755698

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The Civil Law Tradition, 3rd Edition by John Henry Merryman,Rogelio Pérez-Perdomo Pdf

This is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events - such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition - and their significance for the civil law tradition.

Author : George Mousourakis
Publisher : Springer
Page : 339 pages
File Size : 43,7 Mb
Release : 2014-12-02
Category : Law
ISBN : 9783319122687

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Roman Law and the Origins of the Civil Law Tradition by George Mousourakis Pdf

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Author : John Merryman,Rogelio Pérez-Perdomo
Publisher : Stanford University Press
Page : 250 pages
File Size : 46,9 Mb
Release : 2018-12-11
Category : Law
ISBN : 9781503607552

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The Civil Law Tradition by John Merryman,Rogelio Pérez-Perdomo Pdf

A newly updated edition of “the most readable and succinct account of the origins, the development, and the philosophy of the civil law” (Houston Law Review). Designed for general readers and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly published research on Roman and medieval law. In recent years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today.

Author : Renato Beneduzi
Publisher : Springer Nature
Page : 180 pages
File Size : 45,5 Mb
Release : 2021-07-01
Category : Law
ISBN : 9783030780678

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Equity in the Civil Law Tradition by Renato Beneduzi Pdf

This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).

Author : Nicoletta Bersier,Christoph Bezemek,Frederick Schauer
Publisher : Springer Nature
Page : 194 pages
File Size : 45,5 Mb
Release : 2022-01-01
Category : Law
ISBN : 9783030877187

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Common Law – Civil Law by Nicoletta Bersier,Christoph Bezemek,Frederick Schauer Pdf

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 : John Henry Merryman
Publisher : Unknown
Page : 200 pages
File Size : 40,9 Mb
Release : 1969
Category : Civil law systems
ISBN : UCAL:B4362560

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The Civil Law Tradition by John Henry Merryman Pdf

October 2001

Author : Yaëll Emerich
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 55,5 Mb
Release : 2018-11-30
Category : LAW
ISBN : 9781788111843

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Conceptualising Property Law by Yaëll Emerich Pdf

Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.

Author : Martin Boodman,John E. C. Brierley,Roderick A. Macdonald
Publisher : Emond Montgomery
Page : 728 pages
File Size : 44,9 Mb
Release : 1993
Category : Civil law
ISBN : 0920722474

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Quebec Civil Law by Martin Boodman,John E. C. Brierley,Roderick A. Macdonald Pdf

Author : Québec (Province)
Publisher : Unknown
Page : 356 pages
File Size : 50,8 Mb
Release : 1889
Category : Law reports, digests, etc
ISBN : HARVARD:HL4GRK

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Civil Code of Lower Canada by Québec (Province) Pdf

Author : John Henry Merrymann
Publisher : Unknown
Page : 172 pages
File Size : 54,6 Mb
Release : 1972
Category : Electronic
ISBN : OCLC:1289890105

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The Civil Law Tradition by John Henry Merrymann Pdf

The book is written for amateurs, not professionals. It speaks to the general reader who wants to know what it is that binds together the legal systems of Western Europe and Latin America, and that distinguishes them from the legal systems of the Anglo-American world; and to nonlawyer who wishes to know something about the legal side of European and Latin America culture.

Author : Martin Vranken
Publisher : Unknown
Page : 169 pages
File Size : 48,7 Mb
Release : 2015
Category : Civil law
ISBN : 176002029X

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Western Legal Traditions by Martin Vranken Pdf

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 : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 50,6 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487504632

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A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf

A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Author : H. Patrick Glenn
Publisher : Oxford University Press, USA
Page : 408 pages
File Size : 54,5 Mb
Release : 2004
Category : Law
ISBN : UCAL:B5121726

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Legal Traditions of the World by H. Patrick Glenn Pdf

Previous edition, 1st, published in 2000.

Author : George Mousourakis
Publisher : Springer
Page : 0 pages
File Size : 49,8 Mb
Release : 2016-09-22
Category : Law
ISBN : 3319346210

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Roman Law and the Origins of the Civil Law Tradition by George Mousourakis Pdf

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Author : John Warren Head
Publisher : Unknown
Page : 676 pages
File Size : 48,9 Mb
Release : 2011
Category : Law
ISBN : 1594609578

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Great Legal Traditions by John Warren Head Pdf

Great Legal Traditions: Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective draws on the nearly thirty years of experience that the author has accumulated from working in and writing about a variety of legal systems around the world. After an introduction to the underlying concepts and values of comparative legal studies, Head embarks on a brisk six-chapter survey of European civil law, English and American common law, and Chinese law (both dynastic and contemporary). Each legal tradition is divided into two perspectives — first historical and then operational. Numerous illustrations and biographical sketches bring the historical surveys to life, thereby setting the stage for a close examination of several key attributes of representative legal systems in each of the three traditions. Head's "operational" topics include sources of law, the role and training of lawyers, the division of court jurisdiction, constitutional review, the role of codification, and more — and he gives special attention to comparative criminal procedure. Great Legal Traditions is designed primarily for use in law schools and other graduate programs in comparative history, international relations, and both European and Chinese area studies, but the book is also written to be accessible to a more general readership. The main text is supplemented with numerous appendices that serve in place of a documents supplement. A teacher's manual is also available with guidance on each of the study questions that Head places at the beginning of each chapter (roughly 200 study questions in all). The teacher's manual also provides guidance (and confidence) to instructors not already familiar with Chinese law and history.