On Common Laws
"The idea of common law has been one of the most important conceptual instruments of the western legal traditions, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the common law, yet they have never previously been studied as a general phenomenon. Until the nineteenth century, the common laws of Europe lived in constant interaction with the particular laws which prevailed in...
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The term "common law" is typically taken to refer to the system of judge-made law emanating from England. This new study, from the author of Legal Traditions of the World the leading comparative law textbook, examines the influence of different and more widespread forms of common law. These common laws existed as parallel sources of law and legal interpretation alongside the particular laws of European nations (including England, Germany, France and Holland) and regions (Tuscany, Naples, Piedmont and Lombardy). While these common laws originated in Europe they have today become transnational in character and play a major role on all continents, and many countries contribute to their development. They play a major role in all areas of law, from transnational commercial law to international human rights.
1The common laws of Europe12The common laws of the world443On the relations of common laws95
