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Articles 31 - 33 of 33
Full-Text Articles in Legal History
The Importance Of 'Nutshells', Alan Watson
The Importance Of 'Nutshells', Alan Watson
Scholarly Works
In modern legal systems, common law and civil law alike, and their spread over many territories in several continents, are inconceivable without the input of Nutshells often written in far-off times and in far-away places. I also want to show that the history of Nutshells vividly illumines themes that I have pressed for decades.3 First, they demonstrate the easy transmissibility of legal rules, institutions, concepts and structures from one society to other, very different, ones. Second, they indicate the frequent longevity of such rules, institutions, concepts and structures. Third, their very success is attributable to the lack of interest by …
A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson
A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson
Scholarly Works
In this paper I want to look at four approaches to deciding a case in different societies-contemporary England, uncodified civil or 'mixed' law systems (with an example from 17th century Scot-land and another from early 20th century South Africa), 19th century France after codification, 15th century Germany with a glance at 13th and 14th century Spain-where the attempt is made each time to reach the correct decision by applying the mental process thought most appropriate. None of the approaches examined here is result-oriented, and to outsiders, especially to lawyers brought up in a different legal culture, the mental process seems …
Codification Of The Law In Colonial Massachusetts: A Study In Comparative Law, George L. Haskins
Codification Of The Law In Colonial Massachusetts: A Study In Comparative Law, George L. Haskins
Indiana Law Journal
No abstract provided.