Anglo-American law and canon law : canonical roots of the common law tradition.

Door: Martínez-Torrón, Javier.

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• ISBN: 9783428094141
• Uitgever: Berlin : Duncker & Humblot, 1998. Paperback. xii,195 pp. (Comparative Studies in Continental and Anglo-American Legal History, 18). Conditie: goed
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• Details: Conditie: goed. RECHT
• Extra informatie: - In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also "ius commune, ius utrumque"). The "insularity" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common law tradition shows numerous points of confluence with the civil law (civil law, civilians: see also Continent) tradition, namely those relating to their common elements of Christian-canonical origin. For this very reason, the Anglo-American and the Continental legal traditions can be considered as the two components - the two sides - of one and the same legal culture, which embraces the entire Western world. It is probably also the reason why they can communicate with each other: they share an important "juridical vocabulary", an ensemble of common legal concepts.Contents : Part I The Anglo-American Legal Tradition -- Chapter 1: The Two Great Western Legal Traditions -- Chapter 2: Isolation and European Inspiration on Anglo-American Law -- Part II The Routes of Entry of Canon Law into England -- Chapter 3: Ecclesiastical Courts -- Chapter 4: The Court of Chancery -- Chapter 5: Jurisprudence or Legal Doctrine -- Part III The Influence of Canon Law on the Different Areas of English Law -- Chapter 6: Marriage and Family -- Chapter 7: The Law of Succession -- Chapter 8: Contract Law -- Chapter 9: Constitutional Law and Theory -- Chapter 10: Other Areas of Law -- Conclusion -- Index
• € 35.00