An Introduction to German Law and Legal Culture: Text and Materials

By Russell A. Miller
Cambridge University Press October 2024

Specifications

ISBN-13
9781316506370
Publisher
Cambridge University Press
Publication
October 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

An Introduction to German Law and Legal Culture offers students, comparative law scholars, and practitioners an insightful and innovative survey of the German legal system. While recognizing the significant influence of the Civil Law tradition in the German legal culture, the book also considers other legal traditions – Common Law, Socialist Law, Islamic Law, Adversarial Law, European Law – that are woven into the varied and colorful fabric of the German legal culture. The book provides an informed yet accessible introduction to the foundations of German law as well as to the theory and doctrine of some of the most relevant fields of law: Private Law, Constitutional Law, Administrative Law, Criminal Law, Procedural Law, and European Law. It is an engaging and pluralistic portrayal of one of the world's most interesting, important, and frequently modelled legal systems.

  • Includes a dedicated chapter on the common approaches to comparative legal studies to help students with an encounter with foreign legal systems
  • Provides comparisons to more familiar legal systems when discussing German norms and legal institutions
  • Each chapter contains an introductory list of 'key concepts' to allow students to understand new and complex foreign legal concepts

Table of Contents

1. Introduction: encounters with foreign legal cultures
2. The civil law tradition
3. Germany's plural legal culture
4. Foundations I: legal history
5. Foundations II: political and legal institutions
6. Foundations III: legal education, legal method, legal actors
7. German private law – the civil code
8. German public law – constitutionalism
9. German public law – administrative law
10. German criminal law
11. German procedural law
12. The Europeanization of German law
13. Epilogue: Germany's German law
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