Law Commons^™

Worldwide Influence Of The French Civil Code Of 1804, On The Occasion Of Its Bicentennial Celebration, Xavier Blanc-Jouvan

Cornell Law School Berger International Speaker Papers

The French Civil Code (still called the Code Napoleon) is now two hundred years old. Its bicentennial has been celebrated this year in many countries. The reason is that is Code has experienced an extraordinary expansion throughout the world during the XIXth and XXth centuries. But how influential is it today? A certain weakening of its positions is due to a number of factors : legal (the abundance of models now available) and cultural (the regression of the use of French as an international legal language as well as the declining attraction of our universities in the formation of foreign …

Standards Of Proof In Japan And The United States, Kevin M. Clermont

Cornell Law Faculty Publications

This article treats the striking divergence between Japanese and U.S. civil cases as to standards of proof. The civil-law Japan requires proof to a high probability similar to the criminal standard, while the common-law United States requires only that the burdened party prove the fact to be more likely than not. This divergence not only entails great practical consequences, but also suggests a basic difference in attitudes toward the process of trial.

As to the historical causation of the difference in standards of proof, civil-law and common-law standards diverged in the late eighteenth century, probably because of one system’s French …

Introduction To Comparative Legal Cultures: The Civil Law And The Common Law On Evidence And Judgment (Oral Presentation Of The Book By Antoine Garapon & Ioannis Papadopoulos, Juger En Amerique Et En France : Culture Judiciaire Française Et Common Law, Ioannis Papadopoulos

Cornell Law Faculty Working Papers

This book is the fruit of a basic idea, namely that comparative law is meaningless if it is regarded as the sole study of juxtaposed legal systems, regardless of their cultural dimension. The book’s main aim is to identify and analyze the basic cultural differences between the two great legal traditions of the West, the Continental and the Anglo-American one, through a thorough examination of the trial, and of judicial institutions more widely, as these are organized in France and the United States. For that purpose, after an introduction to the concept of legal culture and the basic notions of …