Looking for an examination copy?
This title is not currently available for examination. However, if you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact email@example.com providing details of the course you are teaching.
On the basis of ten concrete examples the author shows by what process and for what historical reasons continental law and common law have come to be so different. In so doing van Caenegem provides a historical introduction to continental law understandable to readers familiar with the common law, and vice-versa. This study is derived from the professor's lectures at Cambridge in 1984-85, in which lawyers from Europe, Great Britain and the United States participated. Judges, Legislators and Professors does not follow the traditional path of describing the development of ideas, but tries a new approach by interpreting legal history as, to a large extent, EEthe result of a power struggle.Read more
- Author is one of world's foremost legal historians
- Alternative to traditional view of development of European law
- An introduction equally accessible to readers familiar with either continental or civil law
Be the first to review this book
- Date Published: November 1992
- format: Paperback
- isbn: 9780521438179
- length: 216 pages
- dimensions: 216 x 140 x 13 mm
- weight: 0.28kg
- availability: Manufactured on demand: supplied direct from the printer
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.
You are now leaving the Cambridge University Press website, your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.Continue ×