书目名称 | Common Law – Civil Law |
副标题 | The Great Divide? |
编辑 | Nicoletta Bersier,Christoph Bezemek,Frederick Scha |
视频video | http://file.papertrans.cn/231/230289/230289.mp4 |
概述 | Offers analysis of the differences between common law and civil law systems from various theoretical perspectives.A global network of experts approaching the topic against the background of different |
丛书名称 | Law and Philosophy Library |
图书封面 |  |
描述 | 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 normat |
出版日期 | Book 2022 |
关键词 | Common Law; Civil Law; Judges; Statutes; Sources of Law; Case Law; Legal Traditions; Positivism; Legislation |
版次 | 1 |
doi | https://doi.org/10.1007/978-3-030-87718-7 |
isbn_softcover | 978-3-030-87720-0 |
isbn_ebook | 978-3-030-87718-7Series ISSN 1572-4395 Series E-ISSN 2215-0315 |
issn_series | 1572-4395 |
copyright | The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerl |