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Comparative Law: Law, Reality And Society (3rd Edition), Alan Watson
Comparative Law: Law, Reality And Society (3rd Edition), Alan Watson
Books
Not a conventional approach to comparative law. Rules and structures of one system are not set out against those of another for contrast. Rather, rules particular or general, are examined to explain how they came to be.
Excerpt reproduced with permission of the author.
Newsletter, Spring/Summer 2010, Vol. 5, Issue 1, The Dean Rusk International Law Center
Newsletter, Spring/Summer 2010, Vol. 5, Issue 1, The Dean Rusk International Law Center
Newsletters
President of India Presents Award to Rusk Center Director; Rusk Center Co-sponsors Nuclear Security Conference; International Law Colloquium Series; Director's Note; Park Kicks of Year of Notable Speakers for Rusk Center; Human Rights Perspective Adds Value to Climate Change Discussion; Panel Examines Foreign Investments in the U.S.; Visiting Scholars; International Judicial Training Program Expands to the Middle East;
A Common Lawyer’S Perspective On The European Perspective On Punitive Damages, Michael Wells
A Common Lawyer’S Perspective On The European Perspective On Punitive Damages, Michael Wells
Scholarly Works
Punitive damages are generally available in common law jurisdictions, but are disfavored in civil law systems. This paper argues that the main reasons for the difference are historical and cultural. Roman law and the French Revolution heavily influenced the civil law. Civilians were taught that legal development comes from the top down. They learned to treat law as a system of general principles and to resist anomalies. They found it relatively easy to reject the intrusion of criminal themes into private law. The common law developed one case at a time, with no particular emphasis on systematic coherence. It was …