Anglo-American Law and Canon Law.
Canonical Roots of the Common Law Tradition.
- 195 pages
- English
- PDF
- Available on iOS & Android
Anglo-American Law and Canon Law.
Canonical Roots of the Common Law Tradition.
About This Book
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.
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Table of contents
- Contents
- Introduction
- Part I: The Anglo-American Legal Tradition
- Part II: The Routes of Entry of Canon Law into England
- Part III: The Influence of Canon Law on the Different Areas of English Law
- Conclusion
- Index