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- Publisher
- Oxford University Press
- Copyright
- © 1991 by The American Association for the Comparative Study of Law, Inc.
- ISSN
- 0002-919X
- eISSN
- 2326-9197
- DOI
- 10.2307/840768
- Publisher site
- See Article on Publisher Site
Abstract
THIJME N KOOPMANS Th e Birth Of European Law At The CrossRoads Of Legal Traditions I. PRELUDE: THE PROBLEM Legal developments in the United States and in the European Community have some common characteristics, but they also show wide divergencies. One of the m is th e extent to which legal integra tion has been helped, or thwarted, by th e harmony or discord of the systems of law of the component states. When the thirteen American states made the United States of America, they had systems of law which, although developing inde pendently, were all common law systems with a high degree of simi larity. American lawyers relied on the same sources and on the same authorities: they quoted Bracton and Blackstone just as they would later quote Story and Kent—whether they were Bostonians, New Yorkers or Virginians. In the European Community, the legal systems of the Member States are not only quite dissimilar, but some of the m have even given origin to legal traditions which belong to the great legal traditions of the world. That is certainly true for th e English "common law" tradition, which influenced many Eng lish speaking countries, th e United States
Journal
American Journal of Comparative Law – Oxford University Press
Published: Jul 1, 1991