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Anglo-American Law and Canon Law

Martínez-Torrón, Javier

Anglo-American Law and Canon Law

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.

CHF 78.00

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ISBN 9783428094141
Sprache eng
Cover Kartonierter Einband (Kt)
Verlag Duncker & Humblot GmbH
Jahr 1998

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