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Case law in Roman, Anglosaxon and continental law

Jurisprudencia en los derechos romano, anglosajon y continenta. English
Falcón y Tella, María José Save to your list

Publication Details Cite/Export

  • Creator by María José Falcón y Tella ; [translated] by Stephen Churnin
  • Format Books
  • Contributors
  • Publication Leiden ; Boston : Martinus Nijhoff Pub., 2011.
  • Physical Details
    • xvii, 214 pages ; 25 cm
  • ISBNs 9004204164, 9789004204164
  • OCLC ocn741937787

Summary

  • "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 system in question. After an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction, and distinguishes between the case laws of the Supreme and Constitutional Courts, the European courts, and the Superior Courts of Justice of the Autonomous Communities. The book analyses these issues, among many others, in a clear and in-depth manner, from an historical and comparative approach of great interest and academic value"--Provided by publisher.

Notes

  • Translation into English, from "La Jurisprudencia en los derechos romano, anglosajon y continental" by Stephen Churnin. Madrid-Buenos Aires : Marcial Pons, 2010.
  • Includes bibliographical references (pages [173]-210) and index.
  • Translated from Spanish.

Contents

  • 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

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