Anglo-American Law
A. The Anglo-Saxons
Romans invaded Britain AD43. South Britain was part of the Roman world (for 400
years). Last Roman soldiers left Britain in AD 410, and the new people come across
the North Sea (= The Anglo-Saxons)
Anglo Saxons: Settlers from north Germany, Denmark and northern Holland.
B. Legal Tradition v. system?
I. Legal tradition
the broader historical, cultural, and philosophical context that shapes how law is
understood, created, and applied in a society.
Example:
Civil Law tradition (based on Roman law)
Common Law tradition (based on judicial decisions and precedent)
Islamic Law tradition
Customary Law tradition
Moreover:
Civil law (AKA trot)
Divide our system into criminal and civil law (not public and private law)
Criminal Law: state corrects a public wrong
Civil Law: One civilian, another civilian as a civil wrong was committed
Religious law as a legal tradition (canon law)
Customary law
, Hybrid legal systems
II. Legal system:
is the concrete structure of laws, institutions, procedures, and actors operating
within a particular country or jurisdiction.
Example:
The Frensh legal system (civil law tradition, centralized codes)
The German legal system (civil law with constitutional court influence)
The U.S. legal system (common law tradition with federal/state division)
III. A legal tradition can have different legal systems in it
America has a common law legal tradition, but there are many different legal
systems, or jurisdictions.
In America:
The law of California
New York Law
The law of Delaware
Louisiana
Colonised by France, civil Law system.
1. Jurisdiction “Gerichtsbarkeit”
The USA follows the Common Law tradition, but it has many different legal systems
—each state has its own jurisdiction with own courts and laws.
The English or German courts may have the power to hear or decide a case
In Contracts, you often see a jurisdiction clause like:
, “This contract shall be construed in accordance with the laws of
England and Wales
o E and W = single legal System but Scotland a different,
complete legal system because Scottland has a hybrid
system.
The UK has more than one legal system, even though it’s one country. This above is
a good example of how a legal tradition can include different jurisdictions.
C. Common law v. Civil law
Common Law: Based on court decisions binding judicial precedents rather that
statutory law.
Originated in England, later applied in the USA
Civil Law: Based on Statutes (codes e.g. BGB) as opposed to court decisions
Based on Roman law, embodied in the Justinian Code and presently prevails in most
of Western Europe States, also in Louisiana (U.S.A.) and Quebec (Canada).
D. Law: how can that be translated?
Common Law: Custom – binding judicial precedent – case law
Statute law: Written by legislative body – Statutes – Acts
Equity “Billigkeitsrecht” (was ist fair?) : Developed parallel to common law –
Fairness/justice – Remedy for gaps (“Ausgleich bei lücken”) – Branch of the law
I. Art of translation
Literal translation v. free translation
Difficulty
Context
, 1. Different synonyms for different contexts
o Law
Act, statute, legislation: Legislation same family of words as
legislative i.e.
- Legislative (parliament)
- Executive (government)
- Judiciary (courts)
2. Different words for different legals systems
Common and civil law legal traditions
A. Common Law
1. Norman conquest 1066
William the Conquer was King after conquest. Henry II was William’s grandson and
Royal justices. This was the origins of English law.
2. The New World
Colonies
Exported legal tradition i.e. common law
Sir William Blackstone (big impact)
Legal Texts/ Treatise / Pre-revolutionary source of common law
3. 1776 Independence of USA (Law)
Magna Carta 15/06 – 1215
Colonists base their right upon:
A. The Anglo-Saxons
Romans invaded Britain AD43. South Britain was part of the Roman world (for 400
years). Last Roman soldiers left Britain in AD 410, and the new people come across
the North Sea (= The Anglo-Saxons)
Anglo Saxons: Settlers from north Germany, Denmark and northern Holland.
B. Legal Tradition v. system?
I. Legal tradition
the broader historical, cultural, and philosophical context that shapes how law is
understood, created, and applied in a society.
Example:
Civil Law tradition (based on Roman law)
Common Law tradition (based on judicial decisions and precedent)
Islamic Law tradition
Customary Law tradition
Moreover:
Civil law (AKA trot)
Divide our system into criminal and civil law (not public and private law)
Criminal Law: state corrects a public wrong
Civil Law: One civilian, another civilian as a civil wrong was committed
Religious law as a legal tradition (canon law)
Customary law
, Hybrid legal systems
II. Legal system:
is the concrete structure of laws, institutions, procedures, and actors operating
within a particular country or jurisdiction.
Example:
The Frensh legal system (civil law tradition, centralized codes)
The German legal system (civil law with constitutional court influence)
The U.S. legal system (common law tradition with federal/state division)
III. A legal tradition can have different legal systems in it
America has a common law legal tradition, but there are many different legal
systems, or jurisdictions.
In America:
The law of California
New York Law
The law of Delaware
Louisiana
Colonised by France, civil Law system.
1. Jurisdiction “Gerichtsbarkeit”
The USA follows the Common Law tradition, but it has many different legal systems
—each state has its own jurisdiction with own courts and laws.
The English or German courts may have the power to hear or decide a case
In Contracts, you often see a jurisdiction clause like:
, “This contract shall be construed in accordance with the laws of
England and Wales
o E and W = single legal System but Scotland a different,
complete legal system because Scottland has a hybrid
system.
The UK has more than one legal system, even though it’s one country. This above is
a good example of how a legal tradition can include different jurisdictions.
C. Common law v. Civil law
Common Law: Based on court decisions binding judicial precedents rather that
statutory law.
Originated in England, later applied in the USA
Civil Law: Based on Statutes (codes e.g. BGB) as opposed to court decisions
Based on Roman law, embodied in the Justinian Code and presently prevails in most
of Western Europe States, also in Louisiana (U.S.A.) and Quebec (Canada).
D. Law: how can that be translated?
Common Law: Custom – binding judicial precedent – case law
Statute law: Written by legislative body – Statutes – Acts
Equity “Billigkeitsrecht” (was ist fair?) : Developed parallel to common law –
Fairness/justice – Remedy for gaps (“Ausgleich bei lücken”) – Branch of the law
I. Art of translation
Literal translation v. free translation
Difficulty
Context
, 1. Different synonyms for different contexts
o Law
Act, statute, legislation: Legislation same family of words as
legislative i.e.
- Legislative (parliament)
- Executive (government)
- Judiciary (courts)
2. Different words for different legals systems
Common and civil law legal traditions
A. Common Law
1. Norman conquest 1066
William the Conquer was King after conquest. Henry II was William’s grandson and
Royal justices. This was the origins of English law.
2. The New World
Colonies
Exported legal tradition i.e. common law
Sir William Blackstone (big impact)
Legal Texts/ Treatise / Pre-revolutionary source of common law
3. 1776 Independence of USA (Law)
Magna Carta 15/06 – 1215
Colonists base their right upon:
