Judges, Legislators and Professors: Chapters in European Legal History

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Cambridge University Press, 1993 - Law - 205 pages
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.

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Contents

English law is aseamless web
6
The rule of exclusion
17
The consequences of parliamentary absolutism
26
Prosecution and verdict in criminal trials 3 3
33
A law uncodified
39
Jurists are dispensable
53
JUDGES
67
authoritarian Roman
73
political history
84
THE DIVERGENT PATHS OF COMMON
113
The ways remain separate
119
The courts and their creators
145
Notes
169
Index
189
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