COMPARATIVE LAW
W.B. Fisch, Winter 1999
Assignment #7
G. Reception of the Jus Commune in Europe
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Influences on the adoption of a common law:
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commitment of a superior authority?
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canon law and the Church
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French law: what about the monarchy?
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German law: Holy Roman Empire
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accessibility and permanence of local law
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were the local customs codified?
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were they founded on a Roman law base?
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availability of training and education of professionals
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what are the students studying?
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how are they studying it?
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how important to the particular system are trained professionals?
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Fabronis v. Marradi Ball Players, p. 327 (Florence 1780)
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what sources does the court rely on for its decision?
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what was the general principle of source hierarchy (Gorla)?
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roman texts
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judicial precedent
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scholarly writings
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what role does the use of analogy play?