Case law in Roman, Anglosaxon and continental law
"Case law is a widely studied field, posing a series of questions. The first issue relates to the nature of case law itself, as the term cannot be given a single meaning. There is no one definition of case law, but rather a plurality of meanings depending on the historical period and legal syst...
| Основен автор: | Falcon y Tella, Maria Jose. |
|---|---|
| Автор-организации: | Brill Academic Publishers. |
| Други автори: | Churnin, Stephen. |
| Формат: | Електронен |
| Език: | English Spanish |
| Публикувано: |
Leiden ; Boston :
Martinus Nijhoff Pub.,
2011.
|
| Предмети: | |
| Онлайн достъп: |
http://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&AN=528972 |
Съдържание:
- Introduction
- Roman iurisprudentia as prudentia iuris
- The Anglosaxon precedent
- Continental case law.
- ch. 1. Introduction
- ch. 2. Roman iurisprudentia as prudentia iuris. Introduction to Roman law, especially classical caw ; Roman iurisprudentia as science of law, as distinct from its modern conception as Jurisprudenz in German and jurisprudence in Anglosaxon authors ; Priority of iurisprudentia over law in Roman law ; Etymology of the term iurisprudentia as prudentia applied to law in a practical manner : cognitive and scientific differences regarding scientia and sapientia ; Decisive creative role in Roman iurisprudentia
- neither via legislator nor judge
- of two bodies : jurisconsults and praetor ; Origin of Roman iurisprudentia in the College of Pontiffs, as a "secret" concept, and subsequent conversion into "Lay" and "public" jurisprudence ; Value of iurisprudentia and ius publicae respondendi : original scope and reduction by Augustus ; Grandeur of Roman iurisprudentia, owing to casuistics, inductiveness and intuitiveness : value of science of law today as a theoretical-doctrinal concept ; Value of iurisprudentia in Roman law : the source of law? ; Why iurisprudentia and not iuriscientia? ; Roman prudentia
- ch. 3. The Anglosaxon precedent. The Anglosaxon system of sources ; Distinction between "jurisprudence"
- science of law
- and "case law"
- a judicial phenomenon ; Differences between common law and continental legal systems ; Main differences between Anglosaxon precedent and continental case law ; Current harmonisation of statute law and case law systems
- ch. 4. Continental case law. Concept and main requirements of case law in the Spanish legal system ; The fnctions of cse law ; Is case law, especially that of the Supreme Court, a source of law in the Spanish legal system? ; Changes in case law, especially by the Supreme Court ; Main rules on the sources of law and case law in the Spanish legal system ; Case law in other continental legal systems.