Understanding the Civil Law

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.

Number of Pages in PDF File: 14

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

working papers series 

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Monateri on Methods

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Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Contents Contributors include: M. Andenas, S. Benedettini, L. Chen, C. Costantini, D. Fairgrieve, G. Frankenberg, J. Gaakeer, S. Glanert, P. Goodrich, J. Gordley, B. Luppi, A.L. Marasco, S. McEvoy, P.G. Monateri, H. Muir Watt, A. Nicita, F. Parisi, G. Samuel, G. Watt Further information Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the ‘comparative law and economics’ approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.

The Fascist Theory of Contract: A Comparative and Historical Inquiry into the Darker Side of Contract Law

This paper, written with Alessandro Somma, and available at SSRN,  represents an attempt to discuss and re-assess the scholarly debate on Private Law in Fascist time. Moving from a newer comparison with National Socialism, the Authors look at the strategic devices used to justify a precise concept of law and a selected body of rules. In this perspective Roman Law could be view as a powerful means of legitimation, an historical tool apt to grant a specific lecture of contemporary times. What is under judgment is the construction of different traditions rooted in a contradictory recall to the past. With regard to contract law, this paper casts light on the rhetorical exercises framed by scholars under the fascist regime with the aim to contradict the language of the Liberal period and at the same time it discovers the absence of these techniques of legal discourse in the decisions of Fascist Courts. The analysis emphasizes an inner, structural dissonance that is responsible for the conscious choices of economic policy, discovering also an unexpected contiguity between classic liberal thought and the fascist appraisal of contract law as a cornerstone of the economic process.



Keywords: Fascism, National Socialism, private law, contract law, theory of law, Roman Law, Liberal policy, economic policy, legal traditions, legal discourse
JEL Classifications: K10, K30, K40, K49