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Comparative Legal Traditions, Part II Development and Distribution of the Common Law Tradition Comparing Differences in Law Finding and Procedures in the.

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Presentation on theme: "Comparative Legal Traditions, Part II Development and Distribution of the Common Law Tradition Comparing Differences in Law Finding and Procedures in the."— Presentation transcript:

1 Comparative Legal Traditions, Part II Development and Distribution of the Common Law Tradition Comparing Differences in Law Finding and Procedures in the Two Traditions

2 Norman Conquest and the Creation of a Common Law

3 The Royal Courts Exchequer Common Pleas King’s Bench

4 The Writ System

5 19 th 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

6 Distribution of Common Law Tradition

7 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

8 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.


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