Case law in Roman, Anglosaxon and continental law / by María José Falcón y Tella ; [translated] by Stephen Churnin.
2011
K574 .F34813 2011 (Mapit)
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Author
Uniform Title
Jurisprudencia en los derechos romano, anglosajon y continenta. English.
Title
Case law in Roman, Anglosaxon and continental law / by María José Falcón y Tella ; [translated] by Stephen Churnin.
Added Author
Imprint
Leiden ; Boston : Martinus Nijhoff Pub., 2011.
Description
xvii, 214 pages ; 25 cm
Formatted Contents Note
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.
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.
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.
Note
Translation into English, from "La Jurisprudencia en los derechos romano, anglosajon y continental" by Stephen Churnin. Madrid-Buenos Aires : Marcial Pons, 2010.
Language Note
Translated from Spanish.
Bibliography, etc. Note
Includes bibliographical references (pages 173-210) and index.
Location
STA
Call Number
K574 .F34813 2011
Language
English
ISBN
9789004204164 hardback alkaline paper
9004204164 hardback alkaline paper
9004204164 hardback alkaline paper
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