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Western Legal Traditions: A Comparison of Civil Law and Common Law

Western Legal Traditions: A Comparison of Civil Law and Common Law

  • 作者:
  • 出版商: The Federation Press
  • ISBN: 9781760020293
  • 出版时间 July 2015
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥586.56
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  • 描述 
  • 大纲 
  • 详细

    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.

  • Abbreviations
    Preface

    Part A: Building Blocks

    1. System Building in Law
    Introductory Observations
    Structure of this Book
    Comparativism and the Legacy of Kahn-Freund
    System Building: Pioneering Role of Zweigert & Kötz and David & Brierley
    Further Reading

    2. Codes and Codification in the Civil Law
    Formal and Substantive Codes Distinguished
    Substantive Codes: Features
    Life Beyond the Code
    Further Reading

    3. Judges and Precedent in the Common law
    Contrast with the Civil Law
    Blame the French?
    Precedent
    Further Reading

    Part B: Law in Action

    4. The Blame Game: Who should bear the Cost of Accidents?
    Basic Terminology
    How to prove Fault?
    Judicial Move away from Fault in France
    Role of the Legislature in the Common Law
    In Conclusion
    Further Reading

    5. Duty to Rescue: To Act or Not to Act?
    Beyond the Blame Game?
    Position at Common Law
    Position at Civil Law
    Rejoinder: Role of the Legislature in the Common Law
    Further Reading

    6. Law and Morality: Where is the Harm?
    Harm: The Broader Context
    Harm: The (Legal) Concept
    Harm: Special Problems
    Further Reading

    7. Industrial Democracy: In Search of Utopia?
    The Broader Context
    Approaches to Employee Protection
    European Forms of Workplace Participation
    Further Reading

    8. Court Procedure
    May the Best Man Win?
    The traditional Adversarial/Inquisitorial Dichotomy
    The Damaska Alternative: Models of Authority
    May the Best Man Win (After All)?
    Excursus: Procedural Law in Germany (by Anne Kallies)
    Further Reading

    9. Good Faith in Contract Law
    Setting the Scene
    Good Faith and the Common Law
    Good Faith and the Civil Law
    Rejoinder: Does Good Faith in Contract Law make Economic Sense?
    Further Reading

    Part C: Globalisation and the Law

    10. Legal Order of the European Union
    Setting the Scene
    From Historical Accident to Globalisation in Action?
    Institutional Make-Up of the European Union
    Law-Making in the European Union
    One Big Melting Pot?
    Further Reading

    11. Theories of Convergence and Divergence
    A Common Law of Europe?
    Are European Legal Systems Converging or Diverging?
    Europe and Beyond
    Case Study: Fundamental Human Rights
    Further Reading

    Appendix: Charter of Fundamental Rights of the European Union

    Index

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