Understanding the Civil Law

14 Pages Posted: 12 Jan 2015

See all articles by P. G. Monateri

P. G. Monateri

SciencesPo, Ecole de Droit; University of Turin - Faculty of Law

Date Written: January 12, 2015

Abstract

This a brief sketch of the Civil Law Tradition. Conceived mainly for teaching purposes, it lays out the historical background of Civil Law and its two main versions: the French and the German. Finally it outlines few notes on the difficulties to compare Civil and Common Law, and it includes major standard references on the topic.

Anyway the main purpose of this writing is to question the relevance of legal origins as stated by the World Bank and the movement of Law and Finance.

My theory is that the major differences between common law and civil law are due to political modernity and not to romantic distant origins.

Keywords: Civil law, common law, english law, french law, german law, legal history, comparative law, roman law, sources of law, legal theory, legal origins, world bank

Suggested Citation

Monateri, Pier Giuseppe, Understanding the Civil Law (January 12, 2015). Available at SSRN: https://ssrn.com/abstract=2548417 or http://dx.doi.org/10.2139/ssrn.2548417

Pier Giuseppe Monateri (Contact Author)

SciencesPo, Ecole de Droit ( email )

13, Rue de l'Université
Paris
France

HOME PAGE: http://master.sciences-po.fr/droit/en

University of Turin - Faculty of Law ( email )

Via S. Ottavio 20
Torino, 10121
Italy
+39 11 59 14 12 (Phone)

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