This course aims at introducing two major legal systems of the world, namely, civil law and common law. It examines the basic concepts and principles of the two systems, demonstrates how they function in practice, and compares them with the legal system of the People’s Republic of China (PRC). Upon successful completion of this course, students should be able to describe and explain some general ideas about the operation of law and its various social roles. This course also aims to equip students with the capacity to analyze and explain the PRC’s ongoing legal reform proposals, processes and procedures both accurately and critically.
This book provides both an exposition of the legal institutions in Hong Kong and legal method under Hong Kong's legal system (including practical guidance and examples on case law, statutory interpretation and legal research). Understanding Hong Kong's legal system today requires both an understanding of the British origins of much of the laws and legal institutions as well as the uniquely Hong Kong developments in the application of the Basic Law under 'one country, two systems'. These features of the Hong Kong legal system are explored, which takes into account developments in the two decades or so of the new legal framework in Hong Kong since the 1997 handover.
This book presents 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. Part One discusses the common law/civil law dichotomy in the international legal systems and theory. Part Two focuses on case-law and arbitration. Part Three analyzes elements of common and civil law in various legal systems.
This book examines what the idea of “the rule of law” actually means. Bringham makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.
This book is a selection of the best papers from the 18th British Legal History Conference. Leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire.
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