Judges, Legislators and Professors - Chapters in European Legal History

Zusammenfassung Professor van Caenegem shows how and why continental and common law diverge so sharply and reveals the significance of power struggles between the judiciary! legislators and legal scholars. An historical introduction to continental law readily accessible to readers familiar with common law and vice versa. Inhaltsverzeichnis 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.

Product details

• Authors: R. C. Caenegem, R. C. Van Caenegem, R. C. van Caenegem
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 03.09.1987
• EAN: 9780521340779
• ISBN: 978-0-521-34077-9
• No. of pages: 216
• Series: Studies in Marxism and Social
• Subjects: Guides > Law, job, finance > Family law; Social sciences, law, business > Law > International law, foreign law; England, Wales, LAW / Comparative, comparative law, Laws of specific jurisdictions and specific areas of law