The Law of Proof in Early Modern Equity. (Comparative Studies in Continental and Anglo-American Legal History; CSC 20)

Michael R. T. Macnair

ISBN 10: 3428091981 / ISBN 13: 9783428091980

Published by Duncker & Humblot Gmbh, 1999

About this Item

Gebraucht - Sehr gut Leichte Lagerspuren -Legal scholars from every nation are usually guided by the formations of their own legal system and, if they do dare to cross boundaries, by the two big legal »families«: the continental European and the Anglo-American legal system. These two legal systems are usually treated as systems that isolated themselves and have separate historical developments. The goal of the CSC is to correct this skewed view. On the one hand, each of the two legal systems never formed a monolithic unit: one only has to bear in mind the differences between the German and the French legal system or the fact that US Law is drifting away from English Common Law. On the other hand, the model of two isolated legal systems has proven to be fragile and antiquated: the mutual influence and common features are forces that have shaped the legal development substantially on both sides. It is also due to the research results published so far in the CSC, that these notions have been corrected. It is the intent of the CSC, which is kindly sponsored by the Gerda Henkel Foundation, to further bridge the gap between the two legal systems. 322 pp. Englisch.

Seller Inventory # INF1001437462

Bibliographic Details

• Title: The Law of Proof in Early Modern Equity. (Comparative Studies in Continental and Anglo-American Legal History; CSC 20)
• Publisher: Duncker & Humblot Gmbh
• Publication Date: 1999
• Language: English
• ISBN 10: 3428091981
• ISBN 13: 9783428091980
• Binding: Taschenbuch
• Condition: Sehr gut
• Weight: 492 grams

About this title

Synopsis

This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems