Roman Law in Mediaeval Europe
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In our eReader you can find the full English version of the book. Read Roman Law in Mediaeval Europe Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Roman Law in Mediaeval Europe
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This is altogether reprehensible. The single judge is in the position of interpreter of the law, however, and though he is precluded from altering it at his wish, he may not only follow it when it is clear, but also improve upon it, an improvement not being an alteration. This reasoning is partly suggested by Azo's teaching as to the interpretation of law, and as to legal fictions by which the meaning of rules is widened, but it goes further both in wording and spirit, and though strained from ...a purely logical point of view, it very aptly opens a work which has to combine and contrast Civil law and English Common law. * App. VIII. 92 ROMAN LAW IN ENGLAND If the difficulty as to the authority and sanction of common law may be easily overcome, the second objection to the common form of English doctrine is recognised to be grounded on serious considerations. There is no authorised version of English legal rules. This is felt both by Glan- vill and by Bracton. Very material drawbacks follow from the absence of such a version ; law is perverted by the ignorance of beginners who ascend the bench before they have mastered the elements of legal lore ; it is also perverted by the overbearing conceit of people in authority, who treat it according to their personal views and inclinations.
What to read after Roman Law in Mediaeval Europe?
You can find similar books in the "Read Also" column, or choose other free books by Paul Vinogradoff to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
This is altogether reprehensible. The single judge is in the position of interpreter of the law, however, and though he is precluded from altering it at his wish, he may not only follow it when it is clear, but also improve upon it, an improvement not being an alteration. This reasoning is partly suggested by Azo's teaching as to the interpretation of law, and as to legal fictions by which the meaning of rules is widened, but it goes further both in wording and spirit, and though strained from ...a purely logical point of view, it very aptly opens a work which has to combine and contrast Civil law and English Common law. * App. VIII. 92 ROMAN LAW IN ENGLAND If the difficulty as to the authority and sanction of common law may be easily overcome, the second objection to the common form of English doctrine is recognised to be grounded on serious considerations. There is no authorised version of English legal rules. This is felt both by Glan- vill and by Bracton. Very material drawbacks follow from the absence of such a version ; law is perverted by the ignorance of beginners who ascend the bench before they have mastered the elements of legal lore ; it is also perverted by the overbearing conceit of people in authority, who treat it according to their personal views and inclinations.
What to read after Roman Law in Mediaeval Europe?
You can find similar books in the "Read Also" column, or choose other free books by Paul Vinogradoff to read onlineMoreLess
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