comparative legal traditions, part ii development and distribution of the common law tradition...

Comparative Legal Traditions, Part II

• Development and Distribution of the Common Law Tradition

• Comparing Differences in Law Finding and Procedures in the Two Traditions

Norman Conquest and the Creation of a Common Law

The Royal Courts

•Exchequer•Common Pleas

•King’s Bench

The Writ System

19th Century Reforms• Bentham, Codification and

Statutory Law• Judicature Act of 1873

• Creation of Supreme Court of Judicature which included:

• High Court• Exchequer• Common Pleas• Queen’s Bench• Chancery Court• Wills, Trusts and Admiralty

• Court of Appeal• Impact on Writ System

• House of Lords

Distribution of Common Law Tradition

Sources of Law & Methods of Legal Thought

Civil Law Tradition

• Primary Sources• Legislative Enactment• Customs• General Principles

• Authorities• Case Law • Doctrine

Common Law Tradition

• Precedent• Legislative Enactment• Constitution• Unwritten Sources• Royal Prerogative• Human Rights and EU

Law

Comparative Analysis of the Traditions

• What similarities/differences do the readings suggest between the two traditions, in terms of development, law-finding or procedure?

• In groups of two, identify at least two points of similarity and difference? Discuss how these manifest themselves in the two traditions?

• Enlarge your group to five and share your findings/further discuss.