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A Short Introduction to the Common Law (Hardcover)
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A Short Introduction to the Common Law (Hardcover)
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Geoffrey Samuel's distinctive approach is to present the English
common law in the light of its history and its dominant ideas. A
student will learn not only what are the major rules of private law
and civil law procedure, but will grasp the spirit of the common
law. He will thus learn why they exist in a particular form and how
common lawyers make them work. Civilian terms are used to provide a
guide for the student from a civil law system to understand the
initially strange terms and approaches of the common lawyer. This
book is clear and insightful. It should be read particularly by
Masters students and those embarking on a doctorate involving study
of the common law.' - John Bell, Pembroke College, UK'To write a
good introduction to the common law aimed mainly at civil lawyers
is a real challenge. One needs not only to master the common law,
its history and its sociological backgrounds, but also to
understand how the prospective readers think in their own civilian
legal systems. With his longstanding teaching activities in civil
law countries, his obvious deep knowledge of the historical roots
of civil and common law, Geoffrey Samuel offers here a book which
should be pressed into every hands across the civil law world.
Finally, we get here an introduction to the common law truly
written for civilian lawyers and students, which is easy to
understand and thoughtful. A brilliant piece for which the author
should be praised.' - Pascal Pichonnaz, University of Fribourg,
Switzerland 'Common law has remained enigmatic for lawyers from the
civil law legal culture. This book presents a wonderfully compact
introduction to the English common law and explains concisely why
it is as it is today. Geoffrey Samuel offers insightful and
scholarly first-rate representation of those characteristics which
stand out for the civil law lawyer. Clarifying and supporting
diagrams are especially helpful for non-common law lawyers.
Samuel's A Short Introduction to the Common Law is highly
recommended for anyone looking for clear and fluently written basic
insight into the common law and its historical foundation.' -
Jaakko Husa, University of Lapland, Finland This book provides a
short, accessible introduction to the English common law tradition,
in particular to the civil process. It adopts an approach which
explains the historical development of the common law institutions
and procedures whilst also setting them in perspective through a
comparative outlook. Aspects of the common law are contrasted on
occasions with structural or functional equivalents (or near
equivalents) in the civil law. The key topics covered include: the
English civil courts (and other dispute resolution institutions and
alternatives), civil procedure, remedies, sources of law, legal
reasoning, legal education, legal theories, legal institutions and
concepts and legal categories. In addition to textual description
and analysis, the book makes frequent use of visual diagrams to
explain and to illustrate aspects of the common law. Providing both
an overview of the English common law and an insight into the legal
mentality of common lawyers, the book will appeal both to first
year law students as well as to continental jurists who are
investigating the common law for the first time. Contents: Preface
Introduction 1. Development of the English Courts 2. Development of
the English Procedural Tradition 3. English Law Remedies 4. English
Legal Education and English Legal Thought (1): Sources and Methods
5. English Legal Education and English Legal Thought (2): Academic
Theories 6. Legal Institutions and Concepts in the Common Law (1):
Persons and Things 7. Legal Institutions and Concepts in the Common
Law (2): Causes of Action and Obligations Concluding Remarks
Bibliography Index
General
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