Case Law in Roman, Anglosaxon and Continental Law
Case Law in Roman, Anglosaxon and Continental Law
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Author(s): Falcón y Tella, Maria Jose
Falcón y Tella, María José.
ISBN No.: 9789004204164
Pages: 214
Year: 201108
Format: Trade Cloth (Hard Cover)
Price: $ 253.40
Dispatch delay: Dispatched between 7 to 15 days
Status: Available

Excerpt of table of contents:Preface; Chapter 1 Introduction;Chapter 2 Roman Iurisprudentia as Prudentia Iuris :1. Introduction to Roman Law, Especially Classical Law;2. Roman Iurisprudentia as Science of Law, as Distinct from its Modern Conception as Jurisprudenz in German and Jurisprudence in Anglosaxon Authors;3. Priority of Iurisprudentia over Law in Roman Law;4. Etymology of the Term Iurisprudentia as prudentia Applied to Law in a Practical Manner; Cognitive and Scientific Differences Regarding Scientia and Sapientia ;5. Decisive Creative Role in Roman Iurisprudentia - Neither via Legislator Nor Judge - of Two Bodies: Jurisconsults and Praetor ;6. Origin of Roman Iurisprudentia in the College of Pontiffs, as a "Secret" Concept, and Subsequent Conversion into "Lay" and "Public" Jurisprudence;7. Value of Iurisprudentia and Ius Publicae Respondendi : Original Scope and Reduction by Augustus;8.


Grandeur of Roman Iurisprudentia , Owing to Casuistics, Inductiveness and Intuitiveness; Value of Science of Law Today as a Theoretical-Doctrinal Concept ;9. Value of Iurisprudentia in Roman Law: The Source of Law?;10. Why Iurisprudentia and not Iuriscientia ?;11. Roman Prudentia ;Chapter 3 The Anglosaxon Precedent:1. The Anglosaxon System of Sources; 2. Distinction between "Jurisprudence" - Science of Law - and "Case Law" - a Judicial Phenomenon;3. Differences between Common Law and Continental Legal Systems;4. Main Differences between Anglosaxon Precedent and Continental Case Law;5.


Current Harmonisation of Statute Law and Case Law Systems;Chapter 4 Continental Case Law:1. Concept and Main Requirements of Case Law in the Spanish Legal System;2. The Functions of Case Law;3. Is Case Law, Especially that of the Supreme Court, a Source of Law in the Spanish Legal System?;4. Changes in Case Law, Especially by the Supreme Court;5. Main Rules on the Sources of Law and Case Law in the Spanish Legal System;6. Case Law in Other Continental Legal Systems;Bibliography; Index.


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