A case study by Lawrence Rosen explains the anthropological, procedural and judicial discretion aspects of bringing a case to court in SefrouMorocco.
Common law has a culture of judicial inventiveness and even flexibility. The Emergence of Cashless Payment: Money in the Early Modern Period: Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it.
Indeed no system of court procedure can ever be purely adversarial or purely inquisitorial.
These are followed by chapters describing the legal doctrines of each period in civil and common law. Money Western legal tradition the Western Legal Tradition Middle Ages to Bretton Woods Edited by David Fox and Wolfgang Ernst Reviews and Awards "This excellent compendium of articles studies how, since the late Middle Ages, monetary problems and monetary innovations in Europe have challenged and shaped legal outcomes, as well as our understanding of monetary mechanics.
Randall Wray Responses to Crisis: For example it has been said that many factors have contributed to the litigiousness of the United States, including: Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist.
Basically the latter group represents primacy of prejudices, myths and taboo as viable means to conduct human society.
Eventually, it was only in the Catholic or Frankish west, that Roman law became the foundation on which all legal concepts and systems were based. This is characteristic of cultures that have an absence of written language which is necessary to elaborate concepts into theory.
In England, and other Commonwealth jurisdictions, barristers are apt candidates for judicial nomination. Legal culture therefore in the former group is influenced by academics, learned members of the profession and historically, philosophers. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to Western legal tradition money in the modern era.
A top down approach in analysing the legal culture of China suggests that both under Deng Xiaoping and Jiang ZeminChina is "a country under rule by law, not rule of law. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.
Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. The traditional rural Chinese legal culture which is premised on personal and informal relations faces erosion unless legal pluralism is promoted.
He specializes in law of property, trusts, and the legal aspects of money, and his publications include Property Rights in Money Furthermore, implanting western legal norms disregards the local culture and relations; thus potentially destroying significant cultural bonds and relationships in the rural community.
History[ edit ] The rediscovery of the Justinian Code in the early 10th century rekindled a passion for the discipline of law, which crossed many of the re-forming boundaries between East and West. Such constructs include corporationscontractsestatesrights and powers.
Such constructs include corporationscontractsestatesrights and powers to name a few. The use of a Jury in the common law as a judge of fact is unique when compared to civil law systems. The ideas of civil rightsequality before the lawequality of womenprocedural justiceand democracy as the ideal form of societyand were principles which formed the basis of modern Western culture.
These concepts are not only nonexistent in primitive or traditional legal systems but they can also be predominately incapable of expression in those language systems which form the basis of such legal cultures.
Transformation has occurred by legal modernisation whereby a rule of law has been suggested to replace the rule of man. Its influence can be traced to this day in all Western legal systems although in different manners and to different extents in the common Anglo-American and the civil continental European legal traditions.
This has been attributable by contrasting both the institutions within the legal system and characteristics of the profession judgesbarristers and solicitors.
Common law comparisons[ edit ] Legal culture can differ between countries despite their conformity to a similar if not identical legal system. Money in the Western Legal Tradition Middle Ages to Bretton Woods Edited by David Fox and Wolfgang Ernst The first book to undertake a history of monetary law from the High Middle Ages through to the twentieth century Analyses the distinctive concepts of money applied by legal practitioners and scholars throughout the period Contributions written by an international team of legal historians, economists, economic historians, and numismatists Money in the Western Legal Tradition Middle Ages to Bretton Woods Edited by David Fox and Wolfgang Ernst Description Monetary law is essential to the functioning of private transactions and international dealings by the state: It follows that the culture of these legal systems has been moulded by perceptions of justice and the means available to attain it.
In the modern society of China, institutional, customary and legal reform a rule of law that embodies universal rules uniformly enforced by a centralised and bureaucratic state is necessary to govern legal relations; analogous to gesellschaft.
The study of canon lawthe legal system of the Catholic Church, fused with that of Roman law to form the basis of the refounding of Western legal scholarship.
Judgments stress the importance of living together in generous, loving kindness, mutual helpfulness and reciprocity. While such a change could be beneficial for portions of the society and international relationstraditional and established cultural methods face extinction.
The reasons for this stem from the common law systems which have a culture to encourage, harness and capture high quality intellect and experience within a concentrated portion of non-judicial officers of the legal profession known as barristers which includes and accounts for their subsequent appointments to higher ranking queens counsel and senior counsel.
Direct transplants of western legal systems or culture may not provide an adequate rule of law where the life of ordinary Chinese may be marginalised in favour of legal elite who use legal instruments for self-promotion. National character is inherent in the legal institutions of the courts and parliamenttheir formation and their output in terms of legislation or judgments.
Rigid procedural rules and strict court room decorum or etiquette which is entrenched in western legal cultures clears the way for a more natural process of dispute resolution.
Legal culture therefore in the former group is influenced by academics, learned members of the profession and historically, philosophers. Hence the civil law culture is more rational, orderly, authoritative and paternalistic.The Western legal system has gradually developed overtime in order to coincide with social norms.
Compliant to the introduction of new laws and principles Remains in the boundaries of former traditional common/civil law. Centrality of Law Approaches the idea of law as social standing.
Law is seen as a means of social control. stitute a "tradition"; that the Western legal tradition was born of a "revolution" and thereafter, during the course of many centuries, has been periodically interrupted and transformed by. Western legal culture vs non-Western legal culture. Western legal culture is unified in the systematic reliance on legal constructs.
Such constructs include corporations, contracts, estates, rights and powers. These concepts are not only nonexistent in primitive or traditional legal systems but they can also be predominately incapable of expression in those language systems which form the basis of such legal.
Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century.
The Western Legal Tradition in a Millennial Perspective: Past and Future* Harold J. Berman*" It is a great honor for me to be added to the list of distinguished scholars who. The roots of modern Western legal institutions and concepts go back nine centuries to the papal revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords.
Out of this upheaval came the Western idea of integrated legal systems developed over generations and centuries.Download