語系:
繁體中文
English
說明(常見問題)
登入
回首頁
切換:
標籤
|
MARC模式
|
ISBD
Common Law – Civil Law = The Great Divide? /
紀錄類型:
書目-語言資料,印刷品 : Monograph/item
正題名/作者:
Common Law – Civil Law/ edited by Nicoletta Bersier, Christoph Bezemek, Frederick Schauer.
其他題名:
The Great Divide? /
其他作者:
Schauer, Frederick.
面頁冊數:
X, 191 p.online resource. :
Contained By:
Springer Nature eBook
標題:
Philosophy of Law. -
電子資源:
https://doi.org/10.1007/978-3-030-87718-7
ISBN:
9783030877187
Common Law – Civil Law = The Great Divide? /
Common Law – Civil Law
The Great Divide? /[electronic resource] :edited by Nicoletta Bersier, Christoph Bezemek, Frederick Schauer. - 1st ed. 2022. - X, 191 p.online resource. - Law and Philosophy Library,1392215-0315 ;. - Law and Philosophy Library,111.
The Chain Novel of Civil Law – Dworkin, Brandom and the Rational Practice of Law outside of Common Law Systems -- The Civil Law as Foundation of the Common Law: Roscoe Pounds looks at the Origins of the Common Law -- Progress in Purity v. Purity in Progress. On: “The Law works itself pure -- In the Mix: Common Law and Civil Law Approaches United -- Presumption(s) of Correctness (?): Comparing the Methodological Relevance of Judicial Precedents in Civil Law and in Common Law Systems -- A Matter of Choice: On China’s Transition to a Civil Law System -- Xxx -- Between Guidance and Discretion: Mainstream and Critical Portrayals of Judges in the Civil Law and (American) Common Law Worlds -- Civil Law is only more or less Common Law – why Overstate the Difference? -- Common Law and Civil: Tree Diagram or Pyramid of Norms? -- A Positive Turn: Originalism between Common Law and Civil Law -- Common Law, Civil Law, and the Data of Legal Philosophy -- A Post Mortem on Legal Science? -- Two Faces of judicial decision making. On the concept of judicial precedent in the Civil Law Countries -- Common Law and Civil Law – The Matter of Constitutional Reasoning.
This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions. Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.
ISBN: 9783030877187
Standard No.: 10.1007/978-3-030-87718-7doiSubjects--Topical Terms:
671683
Philosophy of Law.
LC Class. No.: K201-487
Dewey Class. No.: 340.1
Common Law – Civil Law = The Great Divide? /
LDR
:04401nam a22004215i 4500
001
1091975
003
DE-He213
005
20220114082216.0
007
cr nn 008mamaa
008
221228s2022 sz | s |||| 0|eng d
020
$a
9783030877187
$9
978-3-030-87718-7
024
7
$a
10.1007/978-3-030-87718-7
$2
doi
035
$a
978-3-030-87718-7
050
4
$a
K201-487
050
4
$a
K140-165
072
7
$a
LAB
$2
bicssc
072
7
$a
LAW079000
$2
bisacsh
072
7
$a
LAB
$2
thema
082
0 4
$a
340.1
$2
23
245
1 0
$a
Common Law – Civil Law
$h
[electronic resource] :
$b
The Great Divide? /
$c
edited by Nicoletta Bersier, Christoph Bezemek, Frederick Schauer.
250
$a
1st ed. 2022.
264
1
$a
Cham :
$b
Springer International Publishing :
$b
Imprint: Springer,
$c
2022.
300
$a
X, 191 p.
$b
online resource.
336
$a
text
$b
txt
$2
rdacontent
337
$a
computer
$b
c
$2
rdamedia
338
$a
online resource
$b
cr
$2
rdacarrier
347
$a
text file
$b
PDF
$2
rda
490
1
$a
Law and Philosophy Library,
$x
2215-0315 ;
$v
139
505
0
$a
The Chain Novel of Civil Law – Dworkin, Brandom and the Rational Practice of Law outside of Common Law Systems -- The Civil Law as Foundation of the Common Law: Roscoe Pounds looks at the Origins of the Common Law -- Progress in Purity v. Purity in Progress. On: “The Law works itself pure -- In the Mix: Common Law and Civil Law Approaches United -- Presumption(s) of Correctness (?): Comparing the Methodological Relevance of Judicial Precedents in Civil Law and in Common Law Systems -- A Matter of Choice: On China’s Transition to a Civil Law System -- Xxx -- Between Guidance and Discretion: Mainstream and Critical Portrayals of Judges in the Civil Law and (American) Common Law Worlds -- Civil Law is only more or less Common Law – why Overstate the Difference? -- Common Law and Civil: Tree Diagram or Pyramid of Norms? -- A Positive Turn: Originalism between Common Law and Civil Law -- Common Law, Civil Law, and the Data of Legal Philosophy -- A Post Mortem on Legal Science? -- Two Faces of judicial decision making. On the concept of judicial precedent in the Civil Law Countries -- Common Law and Civil Law – The Matter of Constitutional Reasoning.
520
$a
This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions. Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.
650
2 4
$a
Philosophy of Law.
$3
671683
650
1 4
$a
Theories of Law, Philosophy of Law, Legal History.
$3
883676
650
0
$a
Law—History.
$3
1269221
650
0
$a
Law—Philosophy.
$3
1253604
700
1
$a
Schauer, Frederick.
$4
edt
$4
http://id.loc.gov/vocabulary/relators/edt
$3
682964
700
1
$a
Bezemek, Christoph.
$4
edt
$4
http://id.loc.gov/vocabulary/relators/edt
$3
1112726
700
1
$a
Bersier, Nicoletta.
$e
editor.
$4
edt
$4
http://id.loc.gov/vocabulary/relators/edt
$3
1399674
710
2
$a
SpringerLink (Online service)
$3
593884
773
0
$t
Springer Nature eBook
776
0 8
$i
Printed edition:
$z
9783030877170
776
0 8
$i
Printed edition:
$z
9783030877194
776
0 8
$i
Printed edition:
$z
9783030877200
830
0
$a
Law and Philosophy Library,
$x
1572-4395 ;
$v
111
$3
1261486
856
4 0
$u
https://doi.org/10.1007/978-3-030-87718-7
912
$a
ZDB-2-LCR
912
$a
ZDB-2-SXLC
950
$a
Law and Criminology (SpringerNature-41177)
950
$a
Law and Criminology (R0) (SpringerNature-43727)
筆 0 讀者評論
多媒體
評論
新增評論
分享你的心得
Export
取書館別
處理中
...
變更密碼[密碼必須為2種組合(英文和數字)及長度為10碼以上]
登入