Common Law – Civil Law: The Great Divide? 1st Edition by Nicoletta Bersier; Christoph Bezemek; Frederick Schauer 3030877175 9783030877200

Common Law – Civil Law: The Great Divide? 1st Edition Nicoletta Bersier – Ebook Instant Download/Delivery ISBN(s): 9783030877170,9783030877187,9783030877200,3030877175,3030877183,3030877205

Product details:

• ISBN 10:3030877183
• ISBN 13:9783030877200
• Author: Nicoletta Bersier, Christoph Bezemek, Frederick Schauer

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.

Table contents:

1. Civil Law, Common Law, and the Data of Jurisprudence
2. ‘The Law Works Itself Pure’: Reflections on a Cherished Trope
3. The Chain Novel and Its Normative Fine Structure in Civil Law and Common Law: Dworkin, Brandom and Law’s Normativity
4. The Civil Law as the Foundation of the Common Law: Roscoe Pound Considers the Origins of the Common Law
5. Tree Diagram or Pyramid of Norms?
6. The Invisible Foundations of Originalism
7. Presumption(s) of Correctness(?): Comparing the Methodological Relevance of Precedents in Civil Law and in Common Law Systems
8. Profiling the American Judge: A Comparative Argument About Ideological Conceptions of Judging
9. Two Worlds of Legal Scholarship and the Philosophy of Law
10. Is China a Continental-Law Country?

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