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Vol 23 No 6 June/July 2018

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Judges, Legislators and Professors

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ISBN13: 9780521340779
ISBN: 0521340772
Published: September 1987
Publisher: Cambridge University Press
Format: Hardback
Price: Price on Application
Paperback edition , ISBN13 9780521438179

In Judges, legislators and professors one of the world's 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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Part I. The Common Law is Different: Ten Illustrations: 1. The ambiguity of the term 'law'; 2. Appeal: a recent development; 3. English law is a 'seamless web'; 4. The rule of exclusion; 5. A land without a constitution?; 6. The consequences of parliamentary absolutism; 7. The haphazard development of criminal law; 8. Prosecution and verdict in criminal trials; 9. A law uncodified; Jurists are dispensable
Part II. The Mastery of the Law: Judges, Legislators and Professors: 10. Some facts; 11. Explanations: the 'national spirit'?; 12. Explanations: authoritarian Roman law and democratic England?; 13. Explanations: political history
Part III. The Divergent Paths of Common Law and Civil Law: 14. Common law and civil law: the parting of the ways; 15. The ways remain separate; 16. Which diverged from which?
Part VI. Which is Best, Case Law, Statute Law, Or Book Law: 17. The judges: amateurs and professionals; 18. The courts and their creators; 19. Codification: a weapon against the judiciary; 20. Law professors serve the powers that be; 21. Eight criteria of good law.