Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events—such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition—and their significance for the civil law tradition. The book also incorporates the findings of recent important literature on the legal cultures of civil law countries.
The Civil Law Tradition, 3rd Edition
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* * * PRAISE FOR THE PREVIOUS EDITION * * *
"This little book is not only readable-—a feat in itself-—but also insightful and provocative in its treatment of the folklore and practice of the civil law. . . . A lively introduction to civil law thinking with its historical, political, and social dimensions." —The American Journal of Comparative Law
"This little book is not only readable-—a feat in itself-—but also insightful and provocative in its treatment of the folklore and practice of the civil law. . . . A lively introduction to civil law thinking with its historical, political, and social dimensions." —The American Journal of Comparative Law
"The most readable and succinct account of the origins, the development, and the philosophy of the civil law. . . . Written for those unfamiliar with the study of comparative law and legal systems, the book distinguishes the civil law tradition from that of the common law tradition of the English speaking countries. . ." —Houston Law Review
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Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events—such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition—and their significance for the civil law tradition. The book also incorporates the findings of recent important literature on the legal cultures of civil law countries.
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Customer Reviews
Most helpful customer reviews
By aquinas
Format:Paperback
This ia aimed at the general reader, that is, those who are not trained in comparative law. It does what it sets out to do very well indeed. It is important to recognize that it is quite general and does not give the detailed legal procedures and substantive laws in any particular civil-law (Romanist) country, in particular, it does not lay out the law of France or Germany.
It is very well written and --unusually these days-- properly proofread: I think I may have found 1 typographical error in the entire book.
It is very well written and --unusually these days-- properly proofread: I think I may have found 1 typographical error in the entire book.
Most Helpful Customer Reviews on Amazon.com (beta)
Amazon.com:
4.9 out of 5 stars
7 reviews
6 of 6 people found the following review helpful
5.0 out of 5 stars
Nice overview
May 31 2009
By M. Young
- Published on Amazon.com
Format:Paperback
This book presents a very nice overview of the Civil Law Tradition for Common Law students and lawyers. I found it very useful at providing a foundation for understanding my course covering Civil Law in its various forms throughout the world.
The material is "general" rather than "specific," meaning the broad areas of criminal procedure, civil procedure, educational models, etc. are presented in a series of roughly 10-12 page chapters in this small paperback. The material appears to be based largely on previously published material. Often the material appeared to be from articles that appear in expanded form in Merryman's much larger and more comprehensive book -- The Civil Law Tradition: Europe, Latin America, and East Asia (Contemporary Legal Education Series)
The material is "general" rather than "specific," meaning the broad areas of criminal procedure, civil procedure, educational models, etc. are presented in a series of roughly 10-12 page chapters in this small paperback. The material appears to be based largely on previously published material. Often the material appeared to be from articles that appear in expanded form in Merryman's much larger and more comprehensive book -- The Civil Law Tradition: Europe, Latin America, and East Asia (Contemporary Legal Education Series)
3 of 3 people found the following review helpful
5.0 out of 5 stars
Useful, clear, and interesting
Nov 5 2007
By Philippa
- Published on Amazon.com
Format:Paperback|Amazon Verified Purchase
This work, now in its third edition, is a useful primer for those who would like to understand the basics of the civil law tradition. Civil law systems are unfamiliar to most people who live and study in common law countries like the UK and US, but they're the predominant type of legal system in much of the world, so it's worth learning about them. Merryman's classic work gives a concise history of the development of civil law, which helps to explain some of its foundational principles and forms. He also explains how systems in this tradition generally operate today. An excellent and highly readable book.
2 of 2 people found the following review helpful
4.0 out of 5 stars
An Excellent Primer
Jun 28 2010
By W. Moncure
- Published on Amazon.com
Format:Paperback
This book was my academic introduction to the civil law tradition, having purchased it on eBay after reading a handful of Amazon reviews. If there is anyone who is a layman with respect to law at the point at which this review was written, `tis me. This book has served as an excellent primer for my autodidactical path of learning in comparative legal history, and a good framework upon which to build a continuing course of study.
With a North American audience in mind, and with a subtextual prejudice favoring the common law tradition, Merryman provides a well-written and well-organized historical and fundamental summary of the civil law tradition as found in Europe and Latin America. In an easy to read and engaging manner, the author presents civil law from its origins in the "jus commune" of Justinian to its present manifestations in the codified national legal systems found in Latin America and Europe. Merryman moves between subjects such as comparative legal history and civil procedure with ease, and paints a general picture of the tradition of civil law so that the lay reader can more clearly understand the origin, meanings, and historical significance of such complex systems as the Napoleonic Codes.
In short, the author presents his subject with unparalleled ease and clarity for what is ostensibly a textbook. This was an enjoyable read and an excellent choice for a neophyte in the subject of law - civil, common, or otherwise.
With a North American audience in mind, and with a subtextual prejudice favoring the common law tradition, Merryman provides a well-written and well-organized historical and fundamental summary of the civil law tradition as found in Europe and Latin America. In an easy to read and engaging manner, the author presents civil law from its origins in the "jus commune" of Justinian to its present manifestations in the codified national legal systems found in Latin America and Europe. Merryman moves between subjects such as comparative legal history and civil procedure with ease, and paints a general picture of the tradition of civil law so that the lay reader can more clearly understand the origin, meanings, and historical significance of such complex systems as the Napoleonic Codes.
In short, the author presents his subject with unparalleled ease and clarity for what is ostensibly a textbook. This was an enjoyable read and an excellent choice for a neophyte in the subject of law - civil, common, or otherwise.
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4.9 out of 5 stars
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