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Judges and Judging in the History of the Common Law and Civil Law

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Release : 2012-01-12
Genre : Law
Kind : eBook
Book Rating : 978/5 ( reviews)

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Book Synopsis Judges and Judging in the History of the Common Law and Civil Law by : Paul A. Brand

Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul A. Brand. This book was released on 2012-01-12. Available in PDF, EPUB and Kindle. Book excerpt: Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.

Judges and Judging in the History of the Common Law and Civil Law

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Author :
Release : 2012
Genre : Courts
Kind : eBook
Book Rating : 949/5 ( reviews)

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Book Synopsis Judges and Judging in the History of the Common Law and Civil Law by : Paul A. Brand

Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul A. Brand. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: "More than two hundred legal historians, from every corner of the globe, met in Oxford at the Eighteenth British Legal History Conference in early July 2007 to hear and present papers on the history of "judges and judging". A selection of the papers presented at the conference has now been revised and edited to form the chapters of this volume. Perhaps the theme of the conference and of this publication needs some initial explanation. The Legal Realists of the 1920s and 1930s rightly questioned the pre-eminence given to the study of decision-making in the courts in American legal education, and similar ideas have entered British and Commonwealth legal education in the past generation; the utterances of judges are not taken as the sum of, or even the core of, the law. But this is hardly news for legal historians. They have long been effortless, even naively unselfconscious, Realists, always concerned to understand the making of the law within the context of its time, with due attention to the society in which law is embedded and the shifting mentalities of professionals and other players in the legal system"--

Common Law – Civil Law

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Release : 2022-01-01
Genre : Law
Kind : eBook
Book Rating : 183/5 ( reviews)

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Book Synopsis Common Law – Civil Law by : Nicoletta Bersier

Download or read book Common Law – Civil Law written by Nicoletta Bersier. This book was released on 2022-01-01. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Laughing at the Gods

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Author :
Release : 2012-02-20
Genre : Biography & Autobiography
Kind : eBook
Book Rating : 262/5 ( reviews)

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Book Synopsis Laughing at the Gods by : Allan C. Hutchinson

Download or read book Laughing at the Gods written by Allan C. Hutchinson. This book was released on 2012-02-20. Available in PDF, EPUB and Kindle. Book excerpt: This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.

Judges and Judging in the History of the Common Law and Civl Law

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Author :
Release : 2012
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Judges and Judging in the History of the Common Law and Civl Law by : Joshua Getzler

Download or read book Judges and Judging in the History of the Common Law and Civl Law written by Joshua Getzler. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt:

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