he occurence for a discussion between legal historians and lawyers offers the author the opportunity to examine and summarise the issue of the role of courts, and the use of pre-cedent in the dialectical comparison between civil law and common law systems. Through an objective consideration of the orienting and theoretically influencing role that Roman law exerts on both modern legal systems and their interpreters, the author analyzes the genetic moment of rule formation within the trial process, identifying differences and simi-larities in the creative role, whether declared or implicit, of these rules by continental and common law lawyers, and courts.
Un'ermeneutica della doverosità. I percorsi accidentati delle corti, fra norme e precedenti giudiziali, con uno sguardo a Roma.
Randazzo Salvatore
2025-01-01
Abstract
he occurence for a discussion between legal historians and lawyers offers the author the opportunity to examine and summarise the issue of the role of courts, and the use of pre-cedent in the dialectical comparison between civil law and common law systems. Through an objective consideration of the orienting and theoretically influencing role that Roman law exerts on both modern legal systems and their interpreters, the author analyzes the genetic moment of rule formation within the trial process, identifying differences and simi-larities in the creative role, whether declared or implicit, of these rules by continental and common law lawyers, and courts.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
