國立高雄大學圖資館 |

Language: English

Back

Common law, civil lawthe great divide? /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Common law, civil lawedited by Nicoletta Bersier, Christoph Bezemek, Frederick Schauer.
Reminder of title:	the great divide? /
other author:	Bersier, Nicoletta.
Published:	Cham :Springer International Publishing :2022.
Description:	x, 191 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	Civil law systems.
Online resource:	https://doi.org/10.1007/978-3-030-87718-7
ISBN:	9783030877187$q(electronic bk.)

Common law, civil lawthe great divide? /
Common law, civil lawthe great divide? /[electronic resource] :edited by Nicoletta Bersier, Christoph Bezemek, Frederick Schauer. - Cham :Springer International Publishing :2022. - x, 191 p. :ill., digital ;24 cm. - Law and philosophy library,v. 1392215-0315 ;. - Law and philosophy library ;v.99..

The Chain Novel of Civil Law - Dworkin, Brandom and the Rational Practice of Law outside of Common Law Systems -- The Civil Law as Foundation of the Common Law: Roscoe Pounds looks at the Origins of the Common Law -- Progress in Purity v. Purity in Progress. On: "The Law works itself pure -- In the Mix: Common Law and Civil Law Approaches United -- Presumption(s) of Correctness (?): Comparing the Methodological Relevance of Judicial Precedents in Civil Law and in Common Law Systems -- A Matter of Choice: On China's Transition to a Civil Law System -- Xxx -- Between Guidance and Discretion: Mainstream and Critical Portrayals of Judges in the Civil Law and (American) Common Law Worlds -- Civil Law is only more or less Common Law - why Overstate the Difference? -- Common Law and Civil: Tree Diagram or Pyramid of Norms? -- A Positive Turn: Originalism between Common Law and Civil Law -- Common Law, Civil Law, and the Data of Legal Philosophy -- A Post Mortem on Legal Science? -- Two Faces of judicial decision making. On the concept of judicial precedent in the Civil Law Countries -- Common Law and Civil Law - The Matter of Constitutional Reasoning.

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.

ISBN: 9783030877187$q(electronic bk.)

Standard No.: 10.1007/978-3-030-87718-7doiSubjects--Topical Terms:

392736
Civil law systems.

LC Class. No.: K623

Dewey Class. No.: 340.57

Common law, civil lawthe great divide? /
LDR:04005nmm a2200337 a 4500 001 619551
003 DE-He213
005 20211220160040.0
006 m d
007 cr nn 008maaau
008 221103s2022 sz s 0 eng d
020 $a 9783030877187$q(electronic bk.)
020 $a 9783030877170$q(paper)
024 7 $a 10.1007/978-3-030-87718-7 $2 doi
035 $a 978-3-030-87718-7
040 $a GP $c GP
041 0 $a eng
050 4 $a K623
072 7 $a LAB $2 bicssc
072 7 $a LAW079000 $2 bisacsh
072 7 $a LAB $2 thema
082 0 4 $a 340.57 $2 23
090 $a K623 $b .C734 2022
245 0 0 $a Common law, civil law $h [electronic resource] : $b the great divide? / $c edited by Nicoletta Bersier, Christoph Bezemek, Frederick Schauer.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2022.
300 $a x, 191 p. : $b ill., digital ; $c 24 cm.
490 1 $a Law and philosophy library, $x 2215-0315 ; $v v. 139
505 0 $a The Chain Novel of Civil Law - Dworkin, Brandom and the Rational Practice of Law outside of Common Law Systems -- The Civil Law as Foundation of the Common Law: Roscoe Pounds looks at the Origins of the Common Law -- Progress in Purity v. Purity in Progress. On: "The Law works itself pure -- In the Mix: Common Law and Civil Law Approaches United -- Presumption(s) of Correctness (?): Comparing the Methodological Relevance of Judicial Precedents in Civil Law and in Common Law Systems -- A Matter of Choice: On China's Transition to a Civil Law System -- Xxx -- Between Guidance and Discretion: Mainstream and Critical Portrayals of Judges in the Civil Law and (American) Common Law Worlds -- Civil Law is only more or less Common Law - why Overstate the Difference? -- Common Law and Civil: Tree Diagram or Pyramid of Norms? -- A Positive Turn: Originalism between Common Law and Civil Law -- Common Law, Civil Law, and the Data of Legal Philosophy -- A Post Mortem on Legal Science? -- Two Faces of judicial decision making. On the concept of judicial precedent in the Civil Law Countries -- Common Law and Civil Law - The Matter of Constitutional Reasoning.
520 $a 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.
650 0 $a Civil law systems. $3 392736
650 0 $a Common law. $3 183149
650 0 $a Law $x Philosophy. $3 187673
650 1 4 $a Theories of Law, Philosophy of Law, Legal History. $3 557741
650 2 4 $a Philosophy of Law. $3 274769
700 1 $a Bersier, Nicoletta. $3 919841
700 1 $a Bezemek, Christoph. $3 758582
700 1 $a Schauer, Frederick. $3 306322
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer Nature eBook
830 0 $a Law and philosophy library ; $v v.99. $3 567448
856 4 0 $u https://doi.org/10.1007/978-3-030-87718-7
950 $a Law and Criminology (SpringerNature-41177)