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Judges, Legislators and Professors

Chapters in European Legal History

Hardcover

Published: 3rd September 1987
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On the basis of ten concrete examples the author shows by what process and for what historical reasons continental law and common law have come to be so different. In so doing van Caenegem provides a historical introduction to continental law understandable to readers familiar with the common law, and vice-versa. This study is derived from the professor's lectures at Cambridge in 1984-85, in which lawyers from Europe, Great Britain and the United States participated. Judges, Legislators and Professors does not follow the traditional path of describing the development of ideas, but tries a new approach by interpreting legal history as, to a large extent, EEthe result of a power struggle.

'In Judges, Legislators and Professors Professor Raoul van Caenegem, a Belgian scholar who for many years has brought his knowledge of European legal history to some of the most intractable problems of early Common Law, sets out many instances where English law stands apart from the mainstream of western legal culture ... van Caenegem sees the distinctions as the result of essentially political developments which have meant that, at the critical moment in a country's legal history when a national law took shape, either judges or legislators or jurists were the dominant forces in that process.' Times Higher Education Supplement 'This book brings fascinating insights into an area of law that has often been written about. His clear and lucid style makes the book a pleasure to read ... definitely recommended to all who are interested in legal history, comparative law or the legal system in general.' Malaya Law Review

The Common Law is Different: Ten Illustrations
The ambiguity of the term +law+
Appeal: a recent development
English law is a +seamless web+
The rule of exclusion
A land without a constitution?
The consequences of parliamentary absolutism
The haphazard development of criminal law
Prosecution and verdict in criminal trials
A law uncodified
Jurists are dispensable
The Mastery of the Law: Judges, Legislators and Professors
Some facts
Explanations: the +national spirit+?
Explanations: authoritarian Roman law and democratic England?
Explanations: political history
The Divergent Paths of Common Law and Civil Law
Common law and civil law: the parting of the ways
The ways remain separate
Which diverged from which?
Which is Best, Case Law, Statute Law, Or Book Law
The judges: amateurs and professionals
The courts and their creators
Codification: a weapon against the judiciary
Law professors serve the powers that be
Eight criteria of good law
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780521340779
ISBN-10: 0521340772
Series: Studies in Marxism and Social Theory
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 216
Published: 3rd September 1987
Dimensions (cm): 21.6 x 13.8  x 1.6
Weight (kg): 0.42