» » Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law
A significant introduction to the study of comparative law and a notable scholarly work, "Major Legal Systems in the World Today" analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each "legal family, " the book presents a total view of the historical foundation and the sources and structure of the law in each system.

Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law

Author: John E. C. Brierley,René David

Title: Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law

ISBN: 0029076102

ISBN13: 978-0029076101

Publisher: Free Press; 2 edition (December 1, 1978)

Language: English

Subcategory: Social Sciences

Size pdf version: 1304 kb

Size epub version: 1823 kb

Size fb2 version: 1796 kb

Rating: 4.6/5

Pages: 584 pages


Reviews (3)
Flash_back
Very comprehensive.
Flash_back
Very comprehensive.
Boyn
Clever, cunning, insightful.

Very useful for any law student who needs to be introduced to the realm of comparative law.
Boyn
Clever, cunning, insightful.

Very useful for any law student who needs to be introduced to the realm of comparative law.
FLIDER
French professor René David is one of the most renowned scholars of comparative law and this book is his masterpiece. Committed to the Cartesian methodology, the work is divided in four parts, each part representing a major legal system: i) Romanists, ii) Soviet law, iii) Common-law, iv) Eastern law.
Romanist: Also known as Roman-Germanic System, a branch formed by the ancient Roman law perpetrated in the universities of Europe. It is still the legal axis in Western Europe (France, Italy, Germany, Spain, etc.), and today is also the foremost structure in Latin America (Brazil, Mexico, etc.). A legal system historically inspired in a mixed conception mending law and morality: law is only what it should be.
Soviet law: The law of the former communist countries (USSR, Poland, Yugoslavia, etc.). Law is viewed as an instrument of public domination controlled by the upper classes. The best law is no law at all. A system strongly biased by Marxist ideology, where the legal rule is committed to the `will of the people'.
Common-law: A system shared by the Anglophonic countries (England, USA, Australia, etc.). Born in the British Empire, this kind of approach privileges the courts decisions by the precedents doctrine, electing jurisprudence as the main source of law. A refined version of this system, with more weight to the legal rule is now adopted in the USA.
Easter law: This heterogeneous group relatively unknown to the Western World. Hardly gathered together as group, legal systems of Africa, China, India and Japan are unique and fruitful.
Finally, it is opportune to notice the book has an important analysis of the MUSLIM LAW, a conception in which religion is the law itself.
FLIDER
French professor René David is one of the most renowned scholars of comparative law and this book is his masterpiece. Committed to the Cartesian methodology, the work is divided in four parts, each part representing a major legal system: i) Romanists, ii) Soviet law, iii) Common-law, iv) Eastern law.
Romanist: Also known as Roman-Germanic System, a branch formed by the ancient Roman law perpetrated in the universities of Europe. It is still the legal axis in Western Europe (France, Italy, Germany, Spain, etc.), and today is also the foremost structure in Latin America (Brazil, Mexico, etc.). A legal system historically inspired in a mixed conception mending law and morality: law is only what it should be.
Soviet law: The law of the former communist countries (USSR, Poland, Yugoslavia, etc.). Law is viewed as an instrument of public domination controlled by the upper classes. The best law is no law at all. A system strongly biased by Marxist ideology, where the legal rule is committed to the `will of the people'.
Common-law: A system shared by the Anglophonic countries (England, USA, Australia, etc.). Born in the British Empire, this kind of approach privileges the courts decisions by the precedents doctrine, electing jurisprudence as the main source of law. A refined version of this system, with more weight to the legal rule is now adopted in the USA.
Easter law: This heterogeneous group relatively unknown to the Western World. Hardly gathered together as group, legal systems of Africa, China, India and Japan are unique and fruitful.
Finally, it is opportune to notice the book has an important analysis of the MUSLIM LAW, a conception in which religion is the law itself.

Related PDF / EPUB / FB2 Books