Comparative Law: Law, Reality and Society
Summary: "This book does not deal with conventional comparative law. Rules and structures of one system are not set out against those of another for contrast. Rather, rules particular or general, are examined to explain why they are as they are, and how they came to be. The author does not accept that to a great extent law reflects society or the power of the ruling elite. Chapters range from grand legislation (the Ten Commandments and Napoleonʼs code civil) to unrecognized law in action and daily life (Jesus and the Samaritan woman, Jesus and the adulteress, the claim that Julius Caesar descended from a slave). Other chapters deal with judgesʼ passivity in giving needlessly a judgment they claimed was unjust, to deciding against the judgeʼs own theoretical and practical position (Somersetʼs Case). Likewise stressed is the difficulty of developing law fit for the society, and of understanding foreign legal thinking. The survival of law in different circumstances for centuries and also in a different place is emphasized. The chapters are separate entities, and the author claims that each must stand on its own merits. But he insists that if each is plausible, then together they present a very different approach to law in society from those habitually offered."--Publisher description.
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Aaron accepted action adultery Alan Watson animals approach argument authority axiom basis behaviour Benny Caesar caused century chapter cited civil law claim code civil comity common law conflict of laws context Corpus Juris Civilis court damage Daube David Daube decision declared delict Digest discussion divorce Domat Dred Scott England example fact fault fetiales foreign law French Gaius give Huber husband injury Israelites issue ius gentium Jaca Jesus John judges judgment Justinian Justinian's Institutes Kent Last Best Chance Latin legal history legal rules legal tradition legis actio legislation lex Aquilia liability Lord Lord Roskill Mansfield marriage Moses natural law negligence notion of justice oath obligation ordeal owner parties penalty person plaintiff Plutarch Pothier reason regarded relevant religion remedy Roman contract Roman jurists Roman law Roman private law Rome Samaritan says slave slavery statute stipulatio Suetonius thing Ulpian valid Voet wife woman