Catholic Use of Anglo-Saxon Precedents, 1565–1625

2003 ◽  
Vol 26 (4) ◽  
pp. 537-555 ◽  
Author(s):  
Donna B. Hamilton
Keyword(s):  
Common Law ◽  
Anglo Saxon

The study of antiquarianism and particularly of the use of Anglo-Saxon precedents in England in the sixteenth and seventeenth centuries has belonged primarily to historians of Protestantism and parliament, to their studies of English Protestant antiquarians and English Protestant theories of common law, royal absolutism, constitutionalism, Laudian Anglicanism, and non-conforming Protestant resistance. Although it has been clear to everyone that Protestant interest in Saxonism was part and parcel of an anti-Catholic agenda, the Catholic side of this discourse has been virtually unexamined. The focus almost exclusively on Protestant Saxonism has isolated even Protestant thought from some of the contexts within which it developed and, more obviously, has all but occluded the importance of Saxonism to a range of Catholic arguments.

scholarly journals Better to Explain or to Testify? The Position of the Accused as a Source of Oral Evidence in a Criminal Trial in a Comparative Perspective

2021 ◽  
Vol 27 ◽  
pp. 47-77
Author(s):  
Hanna Kuczyńska
Keyword(s):  
Common Law ◽  
Criminal Trial ◽  
Comparative Perspective ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Present Evidence ◽  
Different Types ◽  
Different Shapes ◽  
The Common ◽  
Oral Evidence

In this article the position of the accused as a source of personal evidence in three different European legal systems: Poland, Germany, and England, will be presented. This analysis will be oriented to understand the way of functioning of the two different models of giving statements of fact by the accused at a criminal trial. The main difference is that in the common law model of criminal trial the accused may only present evidence by testifying as a witness speaking about what happened, whereas in the continental model the accused gives a specific personal type of evidence (that in the Anglo-Saxon literature is rather described as “oral evidence”) that is known as explanations. From this differentiation several consequences arise: among others, the possibility of presenting untruthful explanations and presenting many versions of events in the continental model which have to be assessed by the judges. At the same time, the same right of the accused to silence and not to give incriminating evidence applies in both models of criminal trial – however, in two different shapes and with different types of limitations.

scholarly journals Consumer Dispute Resolution: A Comparative Study between Indonesia and Common Law System Countries

2017 ◽  
Vol 8 (3) ◽  
pp. 327-333
Author(s):  
Keyword(s):  
Dispute Resolution ◽  
Low Cost ◽  
Common Law ◽  
The Other ◽  
Anglo Saxon ◽  
Law System ◽  
Presidential Decree ◽  
Small Claims ◽  
The Difference ◽  
Small Claims Court

Abstract Since 2001, based on the mandate of Article 49 paragraph (1) of Law no. 8 of 1999 on Consumer Protection, BPSK (Badan Penyelesaian Sengketa Konsumen/Consumer Dispute Resolution Institution) has been established based on Presidential Decree No. 90/2001 on the establishment of BPSK in several cities in Indonesia. In some countries that embrace the Anglo Saxon legal system, consumer dispute cases are resolved by an institution called The Small Claims Court (SCC) and The Small Claims Tribunal (SCT). The difference in settlement through three institutions is that BPSK is a formal institution which resolves small disputes with low-cost, but does not limit the size of the lawsuit filed by consumers. On the other hand, SCT provides clear restrictions on claims that can be filed by consumers. At the completion done by SCC, the assemblies that resolved the case come from active and retired judges, while in BPSK the assemblies come from government, businessman and consumer with different backgrounds.

scholarly journals Habeas corpus w Polsce oraz w niektórych państwach kręgu common law. Analiza prawnoporównawcza

2021 ◽  
Vol 5 (2) ◽  
pp. 1-30
Author(s):  
Przemysław Krawczyk ◽  
Bartosz Łukowiak
Keyword(s):  
Common Law ◽  
United States Supreme Court ◽  
Case Law ◽  
The United States ◽  
Habeas Corpus ◽  
Legal Analysis ◽  
Anglo Saxon ◽  
Legal Code ◽  
Procedural Law ◽  
European Court

In their article, Przemysław Krawczyk and Bartosz Łukowiak discuss the issue of the habeas corpus procedure. On the basis of a comparative legal analysis, they present a model of the functioning of this institution in Poland and in selected countries whose legal code is based on common law. Krawczyk and Łukowiak discuss in detail, among other things, the scope and the subject matter of this mode and the catalogue of guarantees associated with it. Their research has made it possible to compare the most important similarities and differences in the functioning of the habeas corpus privilege in the Polish legal code and in common law. This, in turn, has allowed them to assess the accuracy of some of the solutions known to the Polish criminal procedural law. This article contains extensive references to the views expressed on this mode both in the Polish and the Anglo-Saxon doctrine of the procedural criminal law and to the case law of the European Court of Human Rights and the United States Supreme Court.

scholarly journals Women in Pakistan – A Comparative Analysis of Women's Rights on the Basis of Anglo-Saxon and Muslim Legal Traditions

2021 ◽  
Vol 1 (1/2020) ◽  
pp. 283-322
Author(s):  
Amna Hassan
Keyword(s):  
Legal Status ◽  
Common Law ◽  
Case Law ◽  
Historical Background ◽  
Anglo Saxon ◽  
Legal Traditions ◽  
Sharia Law ◽  
Basic Parameters ◽  
In The Beginning ◽  
Status Of Women

This paper draws attention towards the legal status of women in the Anglo-Saxon (common law) and Muslim legal traditions (Sharia law) of the Islamic Republic of Pakistan. In the beginning, the paper provides elaboration on the concept and historical background of Sharia law. The paper then chalks out in detail the historical background of women’s status in Pakistan based on two basic parameters, that is, on the basis of their rights under Sharia law and on the basis of their rights under common law i.e. the Constitution and legal Statutes. Although Sharia law generally treats women as equal to men, there are still certain matters in which women are treated unequally such as marriage, divorce, inheritance, property rights, etc. The paper then concludes with a comprehensive analysis of the rights of women in Pakistan under both systems of law through a study of case-law.

Law, Politics, and the Jury

1999 ◽  
Vol 17 (3) ◽  
pp. 603-607
Author(s):  
Mike Macnair
Keyword(s):  
Common Law ◽  
Jury Trial ◽  
Anglo Saxon

I am grateful for the opportunity to clarify some parts of my argument that is afforded by the comments of Charles Donahue and Patrick Wormald. I should say at the outset that I am not seeking to propose a monocausal explanation of the origins of the generalized use of jury trial at common law, whether a “stirps” or a “smoking gun” (Donahue), or to exclude altogether the relevance of Anglo-Saxon practice or strong government (Wormald)—though I am pretty skeptical of the specific Carolingian-Norman lineage proposed by Brunner.

scholarly journals JURISPRUDENCE POSITION IN THE COMMON AND CIVIL LAWS

2018 ◽  
Vol 2 (2) ◽  
pp. 47-49
Author(s):  
Edi Rohaedi
Keyword(s):  
Common Law ◽  
General Nature ◽  
Anglo Saxon ◽  
Law System ◽  
Legal Development ◽  
Long Time ◽  
The Common ◽  
The Law ◽  
Civil Laws ◽  
Civil Law System

The development of jurisprudence continues to grow in accordance with the existing laws in the society which it is not the same as the law in legal development. It is not related to the rigid nature of the law which only regulates the general nature and the process of its formation takes a long time. In practice, the development of jurisprudence, as one of the sources of formal law, can be distinguished into two legal systems affecting the legal world. They are namely the Continental European legal system with its Civil Law System which prioritizes "codification" in the field of law and the Anglo Saxon law with its Common Law System, which is famous for the "Precedent" system binding the judges to follow the previous judgment in deciding the same case.

scholarly journals Organized Crime under Anglo-Saxon Criminal Law: Features of Legislative Regulation

2020 ◽  
Vol 15 (1) ◽  
pp. 151-160
Author(s):  
S. S. Zhukova
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Common Law ◽  
Criminal Group ◽  
Criminal Code ◽  
Legal Analysis ◽  
Anglo Saxon ◽  
Significant Difference ◽  
Legislative Regulation ◽  
Definition Of

The paper is devoted to the comparative legal analysis of the group commission of a crime under Anglo-Saxon criminal law. The commission of a crime in conspiracy has an increased public danger and poses a serious threat to each state and society as a whole. Foreign lawmakers take different approaches to the definition of organized crime, taking into account its heterogeneous nature. The author studies the specificity of the legislative regulation of variations in criminal groupings in common law countries. A comparative analysis of the legislative regulation of organized crime allows us to note the positive experience that can be used to improve domestic criminal law governing forms of conspiracy and law enforcement.The study notes that the criminal law of the Anglo-Saxon legal family is characterized by a low level of systematization of legislation and increased attention to the norms (decisions) expressed in the judicial precedent. At the same time, the existing criminal law standards governing the institution of conspiracy comply with international law. Some common law countries recognize a conspiracy between two or more persons for committing a crime as an organized crime group. It is important to note that this feature is also a characteristic of domestic criminal law. In accordance with Art. 32 of the Criminal Code of the Russian Federation, a conspiracy is the intentional joint participation of two or more persons in the commission of an intentional crime. At the same time, a significant difference between the criminal law of the Anglo-Saxon legal family is the legislative consolidation of the qualitative and quantitative criteria of group formations (criminal association, organized criminal group, gang) depending on the degree of public danger of their crimes.

Shareholder Protection in the USA and Germany - “Law and Finance” Revisited

2006 ◽  
Vol 7 (3) ◽  
pp. 257-278 ◽  
Author(s):  
Udo C Braendle
Keyword(s):  
United States ◽  
Common Law ◽  
Civil Law ◽  
German Law ◽  
The United States ◽  
Law And Finance ◽  
Anglo Saxon ◽  
Shareholder Protection ◽  
The Usa

Though Company Laws of the United States and Germany have much in common, they are opposite in many important ways. While the Anglo-Saxon Law derives from Common Law, German Law has its origin in the Civil Law.La Porta et al. are not the only ones highlighting that the quality of shareholder protection varies across different jurisdictions depending on which legal system family the jurisdiction belongs. Pistor and Siems went a step further, highlighting that variations in market systems are explainable by more fundamental factors than law, like differences in the underlying ground rules.

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