Titlebook: Common Law – Civil Law; The Great Divide? Nicoletta Bersier,Christoph Bezemek,Frederick Scha Book 2022 The Editor(s) (if applicable) and Th

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Tree Diagram or Pyramid of Norms?,For Joseph Raz, the hierarchical structure of legal orders may be described more appropriately using?a tree diagram than the model of a pyramid of norms. This view is tested in this chapter, paying particular attention to the differences between civil law and common law.

heterogeneous

1572-4395 s approaching the topic against the background of different This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of le

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https://doi.org/10.1007/978-981-19-0664-0nary approaches, the civil law tradition appears to be still committed to the “science of law”. It is argued that, in the context of the latter, the moment of transcendence is the preserve of the philosophy of law.

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Introduction,outhpiece in applying them. Perceived in this manner, common law and civil law differ as to the (main) source(s) of law, about who is to create, about who is (merely) to draw from them, about whether the law works itself pure each step of the way or whether the law’s purity may only be tarnished when confronted with a contingent set of facts.

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Insensate

Book 2022global network of experts, it explores the topic against the background of a variety of legal traditions..Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before t

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https://doi.org/10.1007/978-981-16-1622-8of . and . in adjudication—therefore, debating the construction of judicial adjudication as . and as .—, the essay proposes an understanding of . not only as an effective ., but also—and mostly—as a methodologically constitutive juridical criterion, emphasizing a normatively constitutive . (.).

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