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Our Lady the Common Law: An Anglo-American Legal Community, 1870-1930.

Our Lady the Common Law: An Anglo-American Legal Community, 1870-1930. BOOK REVIEWS 403 1990] e.g. "standard" and "shorthand", the judges' authority, human inge­ nuity, and the elite of lawmakers or law-finders (p. 68ff). These and other keywords point to elements of th e lawyers' culture, that is, th e culture in which the evolution of law takes place and on which it is based. Hence, the medieval reception of Roman law is, in the last analysis, a result of lawyers' culture since the Roman law was ad­ mired for being more elaborate than the domestic one (p. 118). Fi­ nally, the fourth chapter comments on the pleading of George Mackenzie before the Supreme Court of Scotland in the 17th century. In sum, Watson analyses certain manifestations of the European legal development in order to arrive at his thesis of th e autonomy of law. But what does he, more precisely, mean by autonomy of law? Th e centre of his line of reasoning is th e legal tradition. Autonomy of law means that the norms of law develop from its own tradition, which is distinguishable from other forces. The concept of auton­ omy apparently focuses on the sources and th e shaping forces of law, but does not refer http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Our Lady the Common Law: An Anglo-American Legal Community, 1870-1930.

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Publisher
Oxford University Press
Copyright
© 1990 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840109
Publisher site
See Article on Publisher Site

Abstract

BOOK REVIEWS 403 1990] e.g. "standard" and "shorthand", the judges' authority, human inge­ nuity, and the elite of lawmakers or law-finders (p. 68ff). These and other keywords point to elements of th e lawyers' culture, that is, th e culture in which the evolution of law takes place and on which it is based. Hence, the medieval reception of Roman law is, in the last analysis, a result of lawyers' culture since the Roman law was ad­ mired for being more elaborate than the domestic one (p. 118). Fi­ nally, the fourth chapter comments on the pleading of George Mackenzie before the Supreme Court of Scotland in the 17th century. In sum, Watson analyses certain manifestations of the European legal development in order to arrive at his thesis of th e autonomy of law. But what does he, more precisely, mean by autonomy of law? Th e centre of his line of reasoning is th e legal tradition. Autonomy of law means that the norms of law develop from its own tradition, which is distinguishable from other forces. The concept of auton­ omy apparently focuses on the sources and th e shaping forces of law, but does not refer

Journal

American Journal of Comparative LawOxford University Press

Published: Apr 1, 1990

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