Major Legal Systems in the World Today

by René David and John E. C. Brierley

Book Overview

A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of... This description may be from another edition of this product.

• Format: Paperback
• Language: English
• ISBN: 0029076102
• ISBN13: 9780029076101
• Release Date: December 1978
• Publisher: Free Press
• Length: 584 Pages
• Weight: 1.50 lbs.
• Dimensions: 1.1" x 5.5" x 8.2"

Customer Reviews

lex mundi

French professor René David is one of the most renowned scholars of comparative law and this book is his masterpiece. Committed to the Cartesian methodology, the work is divided in four parts, each part representing a major legal system: i) Romanists, ii) Soviet law, iii) Common-law, iv) Eastern law. Romanist: Also known as Roman-Germanic System, a branch formed by the ancient Roman law perpetrated in the universities of Europe. It is still the legal axis in Western Europe (France, Italy, Germany, Spain, etc.), and today is also the foremost structure in Latin America (Brazil, Mexico, etc.). A legal system historically inspired in a mixed conception mending law and morality: law is only what it should be. Soviet law: The law of the former communist countries (USSR, Poland, Yugoslavia, etc.). Law is viewed as an instrument of public domination controlled by the upper classes. The best law is no law at all. A system strongly biased by Marxist ideology, where the legal rule is committed to the `will of the people'. Common-law: A system shared by the Anglophonic countries (England, USA, Australia, etc.). Born in the British Empire, this kind of approach privileges the courts decisions by the precedents doctrine, electing jurisprudence as the main source of law. A refined version of this system, with more weight to the legal rule is now adopted in the USA.Easter law: This heterogeneous group relatively unknown to the Western World. Hardly gathered together as group, legal systems of Africa, China, India and Japan are unique and fruitful. Finally, it is opportune to notice the book has an important analysis of the MUSLIM LAW, a conception in which religion is the law itself.