The Civil Law Tradition, 3rd Edition: An Introduction to the Legal Systems of Europe and Latin AmericaStanford University Press, 21. maj 2007 - 192 sider Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events—such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition—and their significance for the civil law tradition. The book also incorporates the findings of recent important literature on the legal cultures of civil law countries. |
Indhold
Title Page Copyright Page Dedication PREFACE TO THE THIRD EDITION PREFACE TO THE ORIGINAL EDITION I TWO LEGAL TRADITIO... | |
ROMAN CIVIL LAW CANON LAW AND COMMERCIAL | |
THE REVOLUTION | |
THE SOURCES OF | |
CODES AND CODIFICATION | |
JUDGES | |
THE INTERPRETATION OF STATUTES | |
CERTAINTY AND EQUITY | |
THE DIVISION OF JURISDICTION | |
LEGAL CATEGORIES | |
THE LEGAL PROFESSIONS | |
CIVIL PROCEDURE | |
CRIMINAL PROCEDURE | |
CONSTITUTIONAL REVIEW | |
PERSPECTIVES | |
THE FUTURE OF THE CIVIL LAW TRADITION | |
Almindelige termer og sætninger
American apply basic canon law century certainty Chapter civil code civil law judge civil law jurisdictions civil law nations civil law systems civil law tradition civil law world civil lawyers codification commercial law common law tradition common law world common lawyers concepts constitutional courts constitutional review Corpus Juris Civilis Court of Cassation criminal procedure decide discussion distinction doctrine effect emphasis Europe European fact France French function German legal ideology important individual influence Italian Italy judicial decisions judicial review juridical act jus commune Justinian Latin America law school lawmaking legal order legal process legal relation legal scholars legal scholarship legal science legal scientist legal system legal tradition legislature notary ordinary courts ordinary judiciary parties positivism principles private law problems proceeding provision public law revolution revolutionary Roman civil law Roman law rules separation of powers social source of law stare decisis statute subjective right theory trial Tribunal