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Full-Text Articles in Law
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
A Comparison Of The Roles Of American And Civil Law Judges In The Development Of The Law, James C. Hair
A Comparison Of The Roles Of American And Civil Law Judges In The Development Of The Law, James C. Hair
Vanderbilt Journal of Transnational Law
The traditional distinction between a judge in the Civil Law System and his counterpart in the United States is that the former only applies codified law, while the latter not only applies but also "makes" law through judicial decision. The theory underlying the Civil Law System holds that development of the law is the exclusive province of the legislature and that judges are not to engage in such activity unless the legislature permits it. In France, for example, to ensure that judges do not exceed their authority, the Civil Code prohibits a judge, under threat of criminal sanction, from basing …