ĐỀ CƯƠng ôn thi luật so sánh research subjects, meanings of comparative law

ĐỀ CƯƠNG ÔN THI LUẬT SO SÁNH
38
In the seventeenth century, in practice, English common law did not fit the 
American situation. Hence the immigrants did not like the common law of 
England.
So what law should one apply in America? These are: local official regulations, 
and a series of fairly primitive laws on the basis of the Bible, thereby creating 
discretion (arbitrary) discretion of the judge. To combat such arbitrariness, 
simple Laws had to be drafted. Simple Codes were written from 1634 (in 
Massachusetts) to 1682 (in Pennsylvania). However, it is not the same as 
codification with modern skills. This is a completely different type of legal 
thinking from the British.
By the 17th century, things had changed. Immigrants' living standards have 
improved, and the economy and sentiments are also undergoing 
transformation. People need a more developed kind of law. On the other hand, 
common law begins to be approached in a different way.
On the one hand, common law was seen as an expression of solidarity among 
the British in North America, to face the threat posed by Louisiana and French 
Canada.
On the other hand, the event of American independence in 1776 created new 
conditions. The idea of an independent legal system was entirely consistent 
with the political independence that had just been won in the United States. The 
ideal of a republic and a fascination for natural law led Americans to support the 
enactment of the Codes. 
In the State of New Orleans there is also a Civil Code of 1808 in the style of the 
continental European legal system. 
In some states, it is still forbidden to invoke British precedent after 1776. 
In some territories, when annexed to the United States, it still maintains the 
application of French or Spanish law.

tải về 0.87 Mb.

Chia sẻ với bạn bè của bạn: