Charting the Divide Between Common and Civil Law by Thomas Lundmark

By Thomas Lundmark

What does it suggest whilst civil attorneys and customary attorneys imagine otherwise? In Charting the Divide among universal and Civil Law, Thomas Lundmark offers a accomplished creation to the makes use of, reasons, and ways to learning civil and customary legislations in a comparative criminal framework. fantastically geared up and exhaustively written, this quantity covers the jurisdictions of Germany, Sweden, England and Wales, and the U.S., and incorporates a dialogue of every country's felony matters, constitution, and their basic ideas. Professor Lundmark additionally explores the self-discipline of comparative felony reviews, rectifying a number of the misconceptions and prejudices that cloud our realizing of the divide among the typical legislations and civil legislation traditions.

Students of foreign legislations, comparative legislations, social philosophy, and felony concept will locate this quantity a necessary advent to universal and civil legislations. legal professionals, judges, political scientists, historians, and philosophers also will locate this booklet priceless as a resource of reference. Charting the Divide among universal and Civil legislation equips readers with the historical past and instruments to imagine seriously approximately assorted felony structures and assessment their destiny path.

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L. 701 (1998). For answers to the question why comparativists have never developed comparative legal theory as a central area of their concern, see Geoffrey Samuel, supra note 48, at 817. See also the thoughtful review article Legrand, supra note 24, at 262. 27 28 General Topics of comparative law, law is best viewed . . ”86 Is law (merely) applied moral philosophy? ” Others might consider all of law to be distinct from morality. Should the central task of comparative law be the interpretation of the variety of such moral philosophies?

Because this approach is rule-based, functionality will necessarily play an important role in selecting the norms for comparison and in comparing them. The good studies among these will pay special attention to considerations which are not rule-based, such as those that are mentioned below under macro-comparisons; for these considerations can sometimes have a decisive effect, for example, on how the rules are followed, interpreted, and applied. Once again the reader should be reminded that no one who undertakes a comparison of legal terms, concepts, norms, institutions, or body of norms should do so without consideration of the cultural context in all of the systems studied.

29 30 General Topics g. 89 Culture also encompasses organizations, systems, mentalités, juristic styles, and philosophies. One might therefore say that culture in comparative law is synonymous with the category of macro-comparisons as used here. Consequently, one is faced with having to identify which aspects of culture are relevant for study. As such, the identification of legal cultural components mirrors the identification of crucial factors of juristic style, discussed above. For example, Franz Wieacker90 ascertained three essential constants of European legal culture: its personalism, intellectualism, and legalism.

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