Bryson serge dauchy (7 risultati)

Condizione: very good. Berlin : Duncker & Humblot, 2010. Paperback. 238 pp. (Comparative studies in continental and Anglo-American legal history, Band 25/2). - Ratio decidendi is a technical legal term of art in Anglo-American jurisprudence, a concept opposed to the idea of obiter dictum. Ratio decidendi is the reason of the judge in coming to a judicial decision in a lawsuit presented to the court by the litigants for an official decision. Obiter dictum is whatever else a judge might say in passing. This concept of ratio decidendi operated very differently in the different nations of Western Europe and their former colonies at different periods of early-modern history as is demonstrated in the first volume (25/1) which was published in 2006. The second volume focuses on a specific aspect of ratio decidendi: the use by the courts of foreign law as the basis of their decisions when appropriate to the issues to be decided in a particular case brought to them by the litigants. The term foreign law refers to law that is not part of the law binding upon the court, in other words law outside the court's system of jurisprudence. Thus, one must consider what is domestic law in order to discern what is foreign to, or outside of, it. These comparative essays thus center on what law is foreign in various continental and Anglo-American legal systems from the Middle Ages until the 20th century and how it supports legal arguments and decisions. Condition : very good copy. ISBN 9783428134335. Keywords : RECHT, history of law, Germany.…

Taschenbuch. Condizione: Neu. 'Foreign' Law | Serge Dauchy (u. a.) | Taschenbuch | 238 S. | Englisch | 2010 | Duncker & Humblot | EAN 9783428134335 | Verantwortliche Person für die EU: Duncker & Humblot GmbH, Carl-Heinrich-Becker-Weg 9, 12165 Berlin, info[at]duncker-humblot[dot]de | Anbieter: preigu. …

Taschenbuch. Condizione: Neu. Ratio decidendi. | Guiding Principles of Judicial Decisions. Vol. 1: Case Law. | W. Hamilton Bryson (u. a.) | Taschenbuch | Comparative Studies in Continental and Anglo-American Legal History | 293 S. | Englisch | 2006 | Duncker & Humblot | EAN 9783428122165 | Verantwortliche Person für die EU: Duncker & Humblot GmbH, Carl-Heinrich-Becker-Weg 9, 12165 Berlin, info[at]duncker-humblot[dot]de | Anbieter: preigu.…

Condizione: Sehr Gut. Zustandsbeschreibung: schwarze Filzstiftstriche auf Schnitt. Guiding Principles of Judicial Decisions. Volume 2: 'Foreign' Law. Edited by Serge Dauchy, W. Hamilton Bryson and Matthew C. Mirow. The 15 essays in this volume focus on a specific aspect of ratio decidendi: the use by the courts of foreign law as the basis of their decisions when appropriate to the issues to be decided in a particular case brought to them by the litigants. The term foreign law refers to law that is not part of the law binding upon the court, in other words law outside the court?s system of jurisprudence. Thus, one must consider what is domestic law in order to discern what is foreign to, or outside of, it. These comparative essays thus center on what law is foreign in various continental and Anglo-American legal systems from the Middle Ages until the 20th century and how it supports legal arguments and decisions. Ratio decidendi is a technical legal term of art in Anglo-American jurisprudence, a concept opposed to the idea of obiter dictum. Ratio decidendi is the reason of the judge in coming to a judicial decision in a lawsuit presented to the court by the litigants for an official decision. Obiter dictum is whatever else a judge might say in passing. This concept of ratio decidendi operated very differently in the different nations of Western Europe and their former colonies at different periods of early-modern history. 238 Seiten, broschiert (Comparative Studies in Continental and Anglo-American Legal History/Vergleichende Untersuchungen zur kontinentaleuropäischen und anglo-amerikanischen Rechtsgeschichte; Band 25.2/Duncker & Humblot 2010). Statt EUR 62,00. Gewicht: 325 g - Softcover/Taschenbuch.…

Taschenbuch. Condizione: Neu. This item is printed on demand - it takes 3-4 days longer - Neuware -Although the problem of ratio decidendi concerns the essence of law and justice, very little comparative work between the Continental and Anglo-American legal systems has been done on the topic. Legal literature often repeats that it is one of the sharpest points of contrast between the two legal cultures. Within the English speaking legal system, multiple opinions, both concurring and dissenting, prevail where dissent among Continental judges only occurs behind closed doors: the published decision indeed is always presented as the single and incontestable opinion of the whole court. Historical reasons are generally put forward to explain that contrast. Where in the Anglo-American Common Law system judges are asked - and always have been asked - to present the materials and reasons upon which they based their judicial opinions, in Ancien Régime continental Europe it was not considered necessary to formulate the reasons of a decision and in most courts of the European Continent it was even formally forbidden to the judges, until the end of the eighteenth century, to write down or even communicate orally 'the secrets of their discussions and deliberations'.To comparatists, this reveals two different cultures among judges and lawyers. In Continental Europe there is much emphasis on the idea of judging as a science which can be learned and reproduced with an impersonal rigour. The Anglo-American judge is not considered to be such a trained scientist, he is merely a practised craftsman. Can the history of ratio decidendi - but also the history of law and justice from the Middle Ages to the nineteenth century - therefore be reduced to a total contradiction between two legal cultures ; Although the problem of ratio decidendi concerns the essence of law and justice, very little comparative work between the Continental and Anglo-American legal systems has been done on the topic. Legal literature often repeats that it is one of the sharpest points of contrast between the two legal cultures. Within the English speaking legal system, multiple opinions, both concurring and dissenting, prevail where dissent among Continental judges only occurs behind closed doors: the published decision indeed is always presented as the single and incontestable opinion of the whole court. Historical reasons are generally put forward to explain that contrast. Where in the Anglo-American Common Law system judges are asked - and always have been asked - to present the materials and reasons upon which they based their judicial opinions, in Ancien Régime continental Europe it was not considered necessary to formulate the reasons of a decision and in most courts of the European Continent it was even formally forbidden to the judges, until the end of the eighteenth century, to write down or even communicate orally 'the secrets of their discussions and deliberations'.To comparatists, this reveals two different cultures among judges and lawyers. In Continental Europe there is much emphasis on the idea of judging as a science which can be learned and reproduced with an impersonal rigour. The Anglo-American judge is not considered to be such a trained scientist, he is merely a practised craftsman. Can the history of ratio decidendi - but also the history of law and justice from the Middle Ages to the nineteenth century - therefore be reduced to a total contradiction between two legal cultures 294 pp. Englisch.…

Condizione: New. Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. Although the problem of ratio decidendi concerns the essence of law and justice, very little comparative work between the Continental and Anglo-American legal systems has been done on the topic. Legal literature often repeats that it is one of the sharpest .…

Taschenbuch. Condizione: Neu. This item is printed on demand - Print on Demand Titel. Neuware -Although the problem of ratio decidendi concerns the essence of law and justice, very little comparative work between the Continental and Anglo-American legal systems has been done on the topic. Legal literature often repeats that it is one of the sharpest points of contrast between the two legal cultures. Within the English speaking legal system, multiple opinions, both concurring and dissenting, prevail where dissent among Continental judges only occurs behind closed doors: the published decision indeed is always presented as the single and incontestable opinion of the whole court. Historical reasons are generally put forward to explain that contrast. Where in the Anglo-American Common Law system judges are asked - and always have been asked - to present the materials and reasons upon which they based their judicial opinions, in Ancien Régime continental Europe it was not considered necessary to formulate the reasons of a decision and in most courts of the European Continent it was even formally forbidden to the judges, until the end of the eighteenth century, to write down or even communicate orally 'the secrets of their discussions and deliberations'.To comparatists, this reveals two different cultures among judges and lawyers. In Continental Europe there is much emphasis on the idea of judging as a science which can be learned and reproduced with an impersonal rigour. The Anglo-American judge is not considered to be such a trained scientist, he is merely a practised craftsman. Can the history of ratio decidendi - but also the history of law and justice from the Middle Ages to the nineteenth century - therefore be reduced to a total contradiction between two legal cultures Duncker & Humblot GmbH, Carl-Heinrich-Becker-Weg 9, 12165 Berlin 294 pp. Englisch.…