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Judges, Legislators and Professors: Chapters in European Legal History

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ISBN13: 9780521438179
ISBN: 0521438179
Published: December 1992
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 1997)
Price: £30.99
Hardback edition price on application, ISBN13 9780521340779

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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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Legal History
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.