Author : Ferit Çağdaş ŞAHAN
Publisher : Akademisyen Kitabevi
Page : 17 pages
File Size : 15,53 MB
Release : 2024-07-23
Category : Law
ISBN : 6253999826
Author : Nicoletta Bersier
Publisher : Springer Nature
Page : 194 pages
File Size : 42,90 MB
Release : 2022-01-01
Category : Law
ISBN : 3030877183
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 : Jordi Ferrer Beltrán
Publisher : Cambridge University Press
Page : 459 pages
File Size : 15,81 MB
Release : 2022-05-19
Category : Law
ISBN : 1009036955
This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors.
Author : George Mousourakis
Publisher : Springer Nature
Page : 323 pages
File Size : 35,2 MB
Release : 2019-11-01
Category : Law
ISBN : 3030282813
The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.
Author : Marko Novakovic
Publisher : Vernon Press
Page : 502 pages
File Size : 28,99 MB
Release : 2019-05-09
Category : Law
ISBN : 1622738071
Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.
Author : Nicoletta Bersier
Publisher :
Page : 0 pages
File Size : 11,65 MB
Release : 2022
Category :
ISBN : 9783030877194
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 :
Publisher : OUP Oxford
Page : 1093 pages
File Size : 49,69 MB
Release : 2009-01-22
Category : Law
ISBN : 0191553441
The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.
Author : Katja Funken
Publisher :
Page : 0 pages
File Size : 35,43 MB
Release : 2005
Category :
ISBN :
Increasing commercial and cultural internationalisation and amalgamation have had and will continue to have their consequences in the law of all legal systems. In particular the two great Western legal traditions, the Common Law and the Civil Law system, have become closer to each other during the last decades. This paper analyses the impact, mechanisms and future developments of the convergence of the two systems. It is divided into seven parts. After some introductory remarks on the distinction between Common Law and Civil Law systems, this paper will briefly contrast the pros and cons of convergence. The next section examines how some of the previously visible differences between Common Law and Civil Law systems have already been diminished or are about to decrease. The analysis will focus on the trend towards codification in many Common Law countries, the approaches towards the filling of gaps in statutory provisions, judicial activism, the doctrine of stare decisis and the roles of judges and legal scholars. It then looks into the various mechanisms and factors that contribute to the process of convergence, such as the importance of American law, the unification of Europe and the unification of legal rules by means of conventions and model laws. The final part will examine which elements of both systems should prevail in the legal evolution of convergence, in order to make the newly emerging system more efficient. It will be argued that the Civil Law, due to its economy and ability to quickly react to changing societal parameters, is better equipped to meet the challenges of today's fast-paced world.
Author : Fouad Sabry
Publisher : One Billion Knowledgeable
Page : 551 pages
File Size : 11,64 MB
Release : 2024-09-21
Category : Political Science
ISBN :
What is Law? "Law" examines the core principles, structures, and functions of legal systems, revealing how laws shape societies and influence governance. As part of the "Political Science" series, it provides a broad perspective on how legal frameworks impact political processes and the functioning of nations. Chapters Overview: 1: Law - Understand the definition and role of law in governance and society. 2: Common Law - Discover common law’s global influence and its application. 3: Constitutional Law - Explore constitutional law's role in rights protection and government structure. 4: Canon Law - Learn about the historical and institutional impact of canon law. 5: Sharia - Examine Sharia's principles and its influence in Islamic countries. 6: Chinese Law - Study the evolution and distinct features of Chinese law. 7: National Legal Systems - Compare the structures of various national legal systems. 8: Legal History - Trace the historical development of legal systems worldwide. 9: Uniform Civil Code - Understand the concept and societal impact of a uniform civil code. 10: Law of Canada - Learn about Canada’s unique legal system and its evolution. 11: Law of Japan - Discover the traditional and modern aspects of Japanese law. 12: Law of the Soviet Union - Examine the legal framework and its post-Soviet impact. 13: Law of India - Study the complexities of Indian law and its historical influences. 14: Law of France - Learn about the civil law tradition of France and its global influence. 15: Law of Malaysia - Explore Malaysia’s blend of civil, common, and religious laws. 16: Legal System of Kuwait - Study Kuwait’s legal system at the intersection of tradition and modernity. 17: Rule of Law - Discover the importance of the rule of law in maintaining justice and order. 18: Law of Libya - Learn how colonial and Islamic influences shape Libyan law. 19: Legal System of Saudi Arabia - Examine Saudi Arabia’s Islamic-based legal structure. 20: Law of North Korea - Understand the role of law in North Korean governance. 21: Application of Sharia by Country - Analyze Sharia’s diverse applications in different nations. Whether you're a student, professional, or enthusiast, "Law" provides valuable insights into the world’s legal systems, enhancing your understanding of their role in shaping political landscapes. This book is an essential addition to anyone's collection who seeks to grasp the intricate connections between law and governance.
Author : Julio César Rivera
Publisher : Springer Science & Business Media
Page : 477 pages
File Size : 47,79 MB
Release : 2014-02-04
Category : Law
ISBN : 9400779429
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.
