A central requirement in the design of a legal system is the protection of law enforcers from coercion by litigants through either violence or bribes. The higher the risk of coercion, the greater the need for protection and control of law enforcers by the state. Such control, however, also makes law enforcers beholden to the state, and politicizes justice. This perspective explains why, starting in the twelfth and thirteenth centuries, the relatively more peaceful England developed trials by independent juries, while the less peaceful France relied on state-employed judges to resolve disputes. It may also explain many differences between common and civil law traditions with respect to both the structure of legal systems and the observed soc...
The distribution of the common law was conditioned by a colonial strategy sensitive to the colonies’...
The Common Law is a body of law, developed over time from the decisions and practices of courts, upo...
In this book one of the world's foremost legal historians attempts to explain what produced the priv...
several anonymous referees and participants at several workshops and conferences for their comments ...
Roe, Mark J.—Juries and the political economy of legal origin Legal origin has been brought forward ...
Assuming that the degree of discretion granted to judges was the main distinguishing feature between...
Most of the time rulers and governments in the Western world as a whole were little interested in ma...
This introductory text explores the historical origins of the main legal institutions that came to c...
Article looks at a historical problem—the first use of case law by English royal justices in the thi...
This article aims to study features and development of criminal law in the medieval and modern ages....
About The British and Their Laws in the Eighteenth Century: Law and legal institutions were of huge ...
As the legal system known as Common Law was developing in England, access to justice via the procedu...
The Legal Decision, Origin of the Effectiveness of Law—This paper argues that, even in civil law sys...
The ancient common law system of England is still prevalent in many nations associated with—or previ...
This paper is based on two chapters of a book-in-progress tentatively entitled Law’s Evolution. The ...
The distribution of the common law was conditioned by a colonial strategy sensitive to the colonies’...
The Common Law is a body of law, developed over time from the decisions and practices of courts, upo...
In this book one of the world's foremost legal historians attempts to explain what produced the priv...
several anonymous referees and participants at several workshops and conferences for their comments ...
Roe, Mark J.—Juries and the political economy of legal origin Legal origin has been brought forward ...
Assuming that the degree of discretion granted to judges was the main distinguishing feature between...
Most of the time rulers and governments in the Western world as a whole were little interested in ma...
This introductory text explores the historical origins of the main legal institutions that came to c...
Article looks at a historical problem—the first use of case law by English royal justices in the thi...
This article aims to study features and development of criminal law in the medieval and modern ages....
About The British and Their Laws in the Eighteenth Century: Law and legal institutions were of huge ...
As the legal system known as Common Law was developing in England, access to justice via the procedu...
The Legal Decision, Origin of the Effectiveness of Law—This paper argues that, even in civil law sys...
The ancient common law system of England is still prevalent in many nations associated with—or previ...
This paper is based on two chapters of a book-in-progress tentatively entitled Law’s Evolution. The ...
The distribution of the common law was conditioned by a colonial strategy sensitive to the colonies’...
The Common Law is a body of law, developed over time from the decisions and practices of courts, upo...
In this book one of the world's foremost legal historians attempts to explain what produced the priv...