Common law and civil law today : convergence and divergence / editor, Marko Novakovic, Institute of International Politics and Economics, Serbia.

Format:

Book

Contributor:

Novaković, Marko, editor.

Series:

Vernon series in law.

Series in law

Language:

English

Subjects (All):

Civil law.

Common law.

Convergence.

Divergence (Biology).

Physical Description:

1 online resource (502 pages).

Place of Publication:

Malaga : Vernon Press, [2019]

Summary:

Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.

Contents:

International law as a wedge between legal systems / Paul B. Stephan

Internal law and international law : from common law to civil law / Augusto Sinagra, Anna Lucia Valvo

Territorial knowledge, sociality and the convergence of international and constitutional law / William E. Conklin

Convergence and divergence in statutory interpretation / Jeffrey A. Pojanowski

Common law constitutionalism and popular sovereignty : a matter of public trust / Anne Richardson Oakes

Legal globalization through the constructivist and poststructuralist lenses / Luka Martin Tomažič

With or without you : thoughts on Brexit and European private law / Cristina Poncibò

Are European security policies learning some lessons from the United States on migration and human rights? / Paolo Bargiacchi

A few thoughts on various legal traditions, forms of civilization and the ICJ / Marko Novaković

Anglophone and civilian legal cultures : global governance by corporation and state / Joseph P. Garske

Case-law relevance in the European Union law : the triumph of reason over precedent / Letizia Seminara

The general principle of "abuse of rights" : its roots in domestic law and impact on investment arbitration / Philipp Janig

The Court of Justice of the European Union and the European Court of Human Rights procedures : on the quest for a more coherent approach in human rights protection / Vesna Ćorić

The ECHR's influence on convergence between common law and civil law systems / Brice Dickson

Common law and civil law approaches to excessive group crimes / Marjolein Cupido

The concept of fault in the regulation of international responsibility

reception or rejection of domestic law analogy / Anna Czaplińska

A mixture of civil and common legal systems? : an example of trend of Taiwan's legal development on information technology / Chun Hung Lin

Conceptions of contract in German and English law and their legal traditions / Marin Keršić

Institutional transplants in Serbia : the stories of success and failure / Ana Knežević Bojović

Supreme audit institutions of the Republic of Serbia and the United Kingdom : comparative legal analysis / Jelena Kostić

Influence of the Eurasian integration process on the legal system of the Russian Federation / Dmitriy V. Galushko

Convergence and divergence of international law in Slovak judicial system / Lucia Mokrá.

Notes:

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (ebrary, viewed August 23, 2019).

ISBN:

9781622738076

1622738071