Overview
- Offers analysis of the differences between common law and civil law systems from various theoretical perspectives
- A global network of experts approaching the topic against the background of different legal traditions
- A unique group of internationally renowned scholars measuring up to a multi-faced phenomenon
Part of the book series: Law and Philosophy Library (LAPS, volume 139)
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Table of contents (12 chapters)
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Front Matter
Keywords
About this book
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.
Editors and Affiliations
About the editors
Nicoletta Bersier is a member of Thémis Institute, Geneva. She has authored and (co-)edited numerous publications on legal theory and legal sociology.
Christoph Bezemek is a Professor of Public Law and the Dean of the Faculty of Law at University of Graz. His research focuses on comparative constitutional law, free speech, and legal and political theory.
Frederick Schauer is the David and Mary Harrison Distinguished Professor of Law at the University of Virginia and Frank Stanton Professor (Emeritus) of the First Amendment at the Kennedy School of Government, Harvard University. He is the author of numerous publications on constitutional law, in particular on free speech, and on legal theory. He is a Co-Editor of Springer’s Law and Philosophy Library.
Bibliographic Information
Book Title: Common Law – Civil Law
Book Subtitle: The Great Divide?
Editors: Nicoletta Bersier, Christoph Bezemek, Frederick Schauer
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-3-030-87718-7
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
Hardcover ISBN: 978-3-030-87717-0Published: 21 December 2021
Softcover ISBN: 978-3-030-87720-0Published: 22 December 2022
eBook ISBN: 978-3-030-87718-7Published: 01 January 2022
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: X, 191
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law