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The document summarizes a book that argues the Anglo-American legal tradition has more in common with continental law than typically believed. It demonstrates that English law was never completely insular, as learned laws and canon law played a significant role in its historical evolution. The common law and civil law traditions can thus be seen as two components of the same overarching legal culture of the Western world, as they share important legal concepts from their common Christian-canonical origins. The book examines how canon law entered and influenced various areas of English law like marriage, succession, contracts, and constitutional principles.
The document summarizes a book that argues the Anglo-American legal tradition has more in common with continental law than typically believed. It demonstrates that English law was never completely insular, as learned laws and canon law played a significant role in its historical evolution. The common law and civil law traditions can thus be seen as two components of the same overarching legal culture of the Western world, as they share important legal concepts from their common Christian-canonical origins. The book examines how canon law entered and influenced various areas of English law like marriage, succession, contracts, and constitutional principles.
The document summarizes a book that argues the Anglo-American legal tradition has more in common with continental law than typically believed. It demonstrates that English law was never completely insular, as learned laws and canon law played a significant role in its historical evolution. The common law and civil law traditions can thus be seen as two components of the same overarching legal culture of the Western world, as they share important legal concepts from their common Christian-canonical origins. The book examines how canon law entered and influenced various areas of English law like marriage, succession, contracts, and constitutional principles.
Canonical Roots of the Common Law Tradition. Comparative Studies in Continental and Anglo-American Legal History (CSC), volume 18 1998. XII, 195 S. Broschur (290 g) ISBN 978-3-428-09414-1 EUR 58.00* Print Page Cover Download Review Copy Test Reading Add to Wishlist Purchase Reprint Rights 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. Inhalt: Introduction - Part I: The Anglo-American Legal Tradition: 1. The Two Great Western Legal Traditions: Anglo-American Law and Continental Law - Some Considerations on the Evolution of English Law - 2. Isolation and European Inspiration on Anglo-American Law: The Presumed Insularity of English Law - Anglo-American Law and Canon Law - Part II: The Routes of Entry of Canon Law into England: 3. Ecclesiastical Courts: The Jurisdiction of the "Court Christian"" - Conflicts and Cooperation between Ecclesiastical and Royal Jurisdiction - The Law Applied by English Ecclesiastical Courts - 4. The Court of Chancery: Historical Evolution - The Court of Chancery and Canon Law - 5. Jurisprudence or Legal Doctrine - Part III: The Influence of Canon Law on the Different Areas of English Law: 6. Marriage and Family: English Matrimonial Law - Ecclesiastical Jurisdiction in Matters Related to Matrimony - 7. The Law of Succession: The Development of Ecclesiastical Jurisdiction on Succession - Extension and Limits of Ecclesiastical Jurisdiction - 8. Contract Law: Assumpsit, Consideration and Canon Law - Other Elements of Roman- Canonical Origin - 9. Constitutional Law and Theory: Canonical Influence on the Great Constitutional Principles -