Světové právní tradice a kontinentální kultura práva
Legal Traditions of the World and Legal Culture of the European Continent
Author(s): Ludvík DavidSubject(s): History of Law
Published by: Masarykova univerzita nakladatelství
Keywords: legal traditions; legal culture; Europe; national laws; religion; legal conflicts; H. P. Glenn; Legal Traditions of the World;
Summary/Abstract: The backgrounds of this article are based on the monography by H. P. Glenn: Legal Traditions of the World (Oxford University Press, 2nd edition, 2004). National laws are placed in the broader context of major legal traditions (talmudic, civil, islamic, common, hindu, Asian) in that book. Author of this article intends to briefly compare institutions and instruments (of substantive and procedural law) of given traditions in relating regions with the legal culture of the European continent. He criticizes continental legal practice for its hypertrophying legalism and growing incapability to guarantee the resolving of legal conflicts by the continental courts on the appropriate level. Property, contract and liability are the dynamically developing instruments of the contemporary law, deserving the most attention of the jurisprudence and jurisdiction. In the future, diverse legal systems can friendly co-exist not only on the necessary basis of mutual tolerance, but through using various means of cooperation including multivalent views.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 16/2008
- Issue No: 1
- Page Range: 86-89
- Page Count: 4
- Language: Czech