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Judges, Legislators and Professors Chapters in European Legal History

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ISBN-10: 0521438179

ISBN-13: 9780521438179

Edition: N/A

Authors: R. C. Van Caenegem

List price: $44.99
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Description:

In Judges, legislators and professors one of the worlds foremost legal historians shows how and why continental and common law have come to diverge so sharply. Using ten specific examples he investigates the development of European law, not as the manifestation of certain ideological and intellectual trends, but as largely the result of power struggles between the judiciary, the legislators, and legal scholars, each representing certain political and social ambitions. Now available in paperback, Judges, legislators and professors provides an historical introduction to continental law which is readily accessible to readers familiar with the common law tradition and vice-versa.
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Book details

List price: $44.99
Publisher: Cambridge University Press
Publication date: 11/27/1992
Binding: Paperback
Pages: 216
Size: 5.75" wide x 8.75" long x 0.75" tall
Weight: 0.550
Language: English

The Common Law is Different: Ten Illustrations
The ambiguity of the term +law+
Appeal: a recent development
English law is a +seamless web+
The rule of exclusion
A land without a constitution?
The consequences of parliamentary absolutism
The haphazard development of criminal law
Prosecution and verdict in criminal trials
A law uncodified
Jurists are dispensable
The Mastery of the Law: Judges, Legislators and Professors
Some facts
Explanations: the +national spirit+?
Explanations: authoritarian Roman law and democratic England?
Explanations: political history
The Divergent Paths of Common Law and Civil Law
Common law and civil law: the parting of the ways
The ways remain separate
Which diverged from which?
Which is Best, Case Law, Statute Law, Or Book Law
The judges: amateurs and professionals
The courts and their creators
Codification: a weapon against the judiciary
Law professors serve the powers that be
Eight criteria of good law