Western legal traditions : a comparison of civil law and common law
著者
書誌事項
Western legal traditions : a comparison of civil law and common law
The Federation Press, 2015
- : pbk.
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内容説明・目次
内容説明
The rule of law constitutes the hallmark of contemporary Western society. However, public perceptions and attitudes to the law can vary in space and time. This book explores legal solutions to selected problem scenarios in their broader historical, economic, political and societal context. The focus is on the legal traditions of civil law and common law.
The book is premised on the assumption - indeed, the conviction - that use of the comparative method both facilitates and promotes a deeper understanding of the society in which we live and the rules by which it is shaped. Major 'threads' that run through the book are the relationship between law and morality, the role of the state in regulating human interaction, as well as the relationship between the state and the individual.
As a practical matter, the text is divided into 3 Parts. A first Part provides various building blocks for a discussion of 'the law in action' in the second and main Part of the book. A final Part addresses the issue of regional globalisation and its impact on the traditional divide between civil law and common law. An Appendix contains the full text of the Charter of Fundamental Rights of the European Union.
目次
1. System Building in Law 2. Codes and Codification in the Civil Law 3. Judges and 4. The Blame Game: Who should bear the Cost of Accidents? 5. Duty to Rescue: To Act or Not to Act? 6. Law and Morality: Where is the Harm? 7. Industrial Democracy: In Search of Utopia? 8. Court Procedure 9. Good Faith in Contract Law 10. Legal Order of the European Union 11. Theories of Convergence and Divergence
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