the civil law tradition 3rd edition an introduction to the legal systems of europe and latin america

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The Civil Law Tradition

Author : John Henry Merryman
ISBN : 0804755698
Genre : Law
File Size : 76. 97 MB
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This is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events - such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition - and their significance for the civil law tradition.

The Civil Law Tradition 3rd Edition

Author : John Henry Merryman
ISBN : 9780804768337
Genre : Law
File Size : 25. 54 MB
Format : PDF
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Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events—such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition—and their significance for the civil law tradition. The book also incorporates the findings of recent important literature on the legal cultures of civil law countries.

Rules Versus Relationships

Author : John M. Conley
ISBN : 0226114910
Genre : Law
File Size : 47. 57 MB
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In Rules versus Relationships, John M. Conley and William M. O'Barr examine the experiences of litigants seeking redress of everyday difficulties through the small claims courts of the American legal system. The authors find two major and contrasting ways in which litigants formulate and express their problems in terms of specific rule violations and seek concrete legal remedies that would mend soured relationships and respond to their personal and social needs.

Comparative Criminal Justice Systems

Author : Shahid M. Shahidullah
ISBN : 9781449604257
Genre : Law
File Size : 25. 51 MB
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Written for students of criminal justice, Comparative Criminal Justice Systems: Global and Local Perspectives examines the nature of crime and justice in varying countries and cultures in North America, Europe, Asia, Africa, and Latin America. Using a topical approach, it compares different systems of crime and justice in terms of their differences from, and similarities to, the laws and institutions of modern criminal justice, focusing on the United States as a standard of comparison. By examining different criminal justice systems in terms of their local peculiarities and understanding their change and continuity, readers will gain a well-rounded international perspective of the world's varying systems of criminal justice. Key Features: -Explores the rise of modern criminology and the criminal justice system in the nineteenth century. It is critical for students to understand the history of modern systems to fully comprehend the varying nature of today's main legal systems, focusing on the United States as a standard of comparison. -Employs a topical approach to examine the criminal justice systems in varying countries in Europe, Asia, Africa, and Latin America, including comparative views on law enforcement, judicial systems, corrections, due process of law, and search and seizures. -Includes discussions on comparative processes of criminalization and decriminalization on such issues as domestic violence, child abuse, homosexuality, and sexual harassment. -Discusses new global crimes and their impact on modern and traditional criminal justice systems, including human smuggling, global sex trade, global illegal drug trade, illegal trafficking of conventional military weapons, money laundering, cybercrime, and global terrorism. -Discussion questions ensure that student's grasp the core theoretical concepts.

Roman Law And The Origins Of The Civil Law Tradition

Author : George Mousourakis
ISBN : 9783319122687
Genre : Law
File Size : 34. 46 MB
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This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Law And Society In Transition

Author : Philippe Nonet
ISBN : 9781351509589
Genre : Social Science
File Size : 27. 9 MB
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Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.

The Contemporary Civil Law Tradition

Author : John Henry Merryman
ISBN : 0327180021
Genre : Civil law systems
File Size : 69. 85 MB
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Western Legal Traditions

Author : Martin Vranken
ISBN : 176002029X
Genre : Civil law
File Size : 53. 83 MB
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The rule of law constitutes the hallmark of contemporary Western society. However, public perceptions and attitudes to the law can vary in space and time. This book explores legal solutions to selected problem scenarios in their broader historical, economic, political and societal context. The focus is on the legal traditions of civil law and common law.The book is premised on the assumption - indeed, the conviction - that use of the comparative method both facilitates and promotes a deeper understanding of the society in which we live and the rules by which it is shaped. Major 'threads' that run through the book are the relationship between law and morality, the role of the state in regulating human interaction, as well as the relationship between the state and the individual.As a practical matter, the text is divided into 3 Parts. A first Part provides various building blocks for a discussion of 'the law in action' in the second and main Part of the book. A final Part addresses the issue of regional globalisation and its impact on the traditional divide between civil law and common law. An Appendix contains the full text of the Charter of Fundamental Rights of the European Union.

Comparative Law

Author : John Henry Merryman
ISBN : STANFORD:36105134514616
Genre : Law
File Size : 56. 90 MB
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Latin American Law

Author : M. C. Mirow
ISBN : 0292702329
Genre : Law
File Size : 30. 97 MB
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"M.C. Mirow has set himself a difficult task, to contribute a one-volume introduction to Latin American law in English, and he has succeeded admirably." —Law and History Review "The impressive scope of this book makes it a major contribution to Latin American legal history. . . . This is an excellent starting place for anyone interested in the legal history of the region, and it is essential reading for those seeking to understand the roots of contemporary Latin American politics and society." —Lauren Benton, New York University, author of Law and Colonial Cultures: Legal Regimes in World History, 1400-1900 Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.

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