The Contemporary Civil Law Tradition: Europe, Latin America, and East Asia

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2015 Edition
ISBN: 9780327180029
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The contemporary civil law tradition encompasses a rich variety of national legal systems more widespread geographically and with more people living under its domain than any other legal tradition. Often the rules of law look very much like those in the United States or other common law nations. As with United States law, finding the rule is often less of a problem than knowing what to do with it; it is the difficult business of understanding the contemporary legal system, within which the rules exist and operate, that the book seeks to illuminate.

The Contemporary Civil Law Tradition: Europe, Latin America, and East Asia has two principal aims. First, to describe and analyze what is similar among the civil law nations covered here so that it would be appropriate to classify all of them within the same tradition or legal family. Second, details about what is different among the 13 civil law nations on at least two levels. One dimension presents civil law countries by continent, taking each group in the historical order in which they developed or adopted the civil law system: Europe, Latin America, and East Asia. The other dimension compares the individual national legal systems within each continent: France, Germany, Italy, and Spain; Argentina, Brazil, Colombia, and Mexico; and Indonesia, Japan, Korea, Taiwan, and Thailand.

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Table of Contents

Chapter 1 INTRODUCTION TO COMPARATIVE LAW AND THE CIVIL LAW TRADITION



Chapter 2 LEGAL STRUCTURES OF LAWMAKING



Chapter 3 ADMINISTRATIVE ORGANIZATION AND ADMINISTRATIVE LAW



Chapter 4 LEGAL PLURALISM



Chapter 5 FEDERALISM AND SUBNATIONAL LEGAL SYSTEMS



Chapter 6 COURTS, JUDGES, AND PROSECUTORS



Chapter 7 CONSTITUTIONAL COURTS AND CONSTITUTIONAL REVIEW



Chapter 8 JUDICIAL REVIEW OF ADMINISTRATIVE ACTS



Chapter 9 LEGAL EDUCATION



Chapter 10 THE LEGAL PROFESSIONS



Chapter 11 THE SOURCES OF LAW, ITS INTERPRETATION, AND JUDICIAL PRECEDENT



Chapter 12 CIVIL PROCEDURE



Chapter 13 CRIMINAL JUSTICE



Chapter 14 LEGAL SCIENCE AND THE PRIVATE LAW CODES



Chapter 15 SUBSTANTIVE PRIVATE LAW: PROPERTY AND CONTRACT



Chapter 16 THE FUTURE OF THE CIVIL LAW TRADITION



Table of Tables and Figures



Table of Cases



Index