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Chapter 3: Common Law and Civil Law

Chapter 3: Common Law and Civil Law

pp. 50-81

Authors

, European University Institute, Florence
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Summary

Most of the traditional general books on comparative law include chapters on ‘legal families’, some of them using terms such as ‘legal traditions’ or ‘legal cultures’.1 The core idea of legal families is that the diversity of the world’s legal systems is not random, but that groups of countries share common features in terms of legal history, legal thinking and positive rules. Recently, this idea of legal families has also become popular among economists and political scientists, who often call them ‘legal origins’.

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