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Faculty Scholarship

1993

Civil law

Articles 1 - 3 of 3

Full-Text Articles in Law

Natural Rights, Natural Law, And American Constitutions, Philip A. Hamburger Jan 1993

Natural Rights, Natural Law, And American Constitutions, Philip A. Hamburger

Faculty Scholarship

Natural rights and natural -law are ideas that frequently seem to have something in common with the elusive shapes of a Rorschach test. They are suggestive of well-defined, recognizable images, yet they are so indeterminate that they permit us to see in them what we are inclined to see. Like Rorschach's phantasm-inducing ink blots, natural rights and natural law are not only suggestive but also indeterminate – ideas to which each of us can plausibly attribute whatever qualities we happen to associate with them. For this reason, we may reasonably fear that natural rights and natural law are ideas often …


Columbia University And A New European Law Chair, George A. Bermann Jan 1993

Columbia University And A New European Law Chair, George A. Bermann

Faculty Scholarship

As we move toward the end of the century, we become increasingly aware of the importance of enriching the law school's opportunities for study and research in the international and comparative law fields. While we have always taken a geographically broad view of the foreign systems worthy of study and research, and have the most distinguished international and foreign curriculum in the country, we regard European law and legal institutions as of unequaled importance at this stage of the Law School's academic development. The rise of the European Community, of a still larger European economic arena, and of new legal …


The Reception Of Canon Law And Civil Law In The Common Law Courts Before 1600, David J. Seipp Jan 1993

The Reception Of Canon Law And Civil Law In The Common Law Courts Before 1600, David J. Seipp

Faculty Scholarship

English common law practitioners and judges borrowed much of the conc structure for their body of legal knowledge from the legal culture of continen Europe over the centuries. Their surviving writings show a marked increa the use of Roman legal classifications in the century before 1600: public private, criminal and civil, real and personal, property and possession, con and delict, among other examples. Those who perpetuated the learning of English royal courts in the sixteenth century had begun fitting it in framework borrowed from the two great bodies of 'learned law' taught in universities of Europe: civil (Roman) law and …