A Continental Distinction in the Common Law
A Historical and Comparative Perspective on English Public Law
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Product details:
- Publisher Clarendon Press
- Date of Publication 21 March 1996
- ISBN 9780198258773
- Binding Hardback
- No. of pages286 pages
- Size 224x147x22 mm
- Weight 485 g
- Language English 0
Categories
Short description:
This book is the first comprehensive historical and comparative analysis of the emergence of English Public law as a distinct branch of law to govern the state. It explains persistent problems and considers potential reforms by contrasting the development of the innovative and influential French system of public law. It attributes the relative inadequacies of English public law to differences between the English and French legal and political traditions.
MoreLong description:
The development of an autonomous English public law has been accompanied by persistent problems--a lack of systematic principles, dissatisfaction with judicial procedures, and uncertainty about the judicial role. It has provoked an ongoing debate on the very desirability of the distinction between public and private law. In this debate, an historical and comparative perspective has been lacking. A Continental Distinction in the Common Law introduces such a perspective. It compares the recent emergence of a significant English distinction with the entranchment of the traditional French distinction. It explains how persistent problems of English public law are related to fundamental differences between the English and French legal and political traditions, differences in their conception of the state administration, their approach to law, their separation of powers, and their judicial procedures in public-law cases. The author argues that a satisfactory distinction between public and private law depends on a particular legal and political context, a context which was evident in late-nineteenth-century France and is absent in twentieth-century England. He concludes by identifying the far-reaching theoretical, institutional, and procedural changes required to accommodate English public law.
This book is a work of great scholarship and intelligence. It contains detailed and high-level analysis, and its range - Roman law, French law, English legal history, jurisprudence and contemporary English public law - is quite remarkable. The book is original and incisive, and deserves recognition as an important contribution to the debates about the public law/private law distinction and the nature of legal systems more generally...The book's significance - both analytically and prescriptively - is considerable.
