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"Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and various EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions."

"Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, John Jackson and Sarah Summers chart this development with particular reference to the jurisprudence on the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence."

"In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure."

"Skripsi ini membahas erosinya doktrin consideration di common law. Walaupun consideration adalah salah satu syarat sah perjanjian di common law, consideration bukanlah suatu syarat sah perjanjian di civil law. Consideration dibandingkan dengan hukum Indonesia sebagai representasi dari sistem civil law. Konsep consideration itu sendiri di common law telah ditemukan sebagai problematik dan tidak tetap. Isu utama dari consideration sebagai syarat sah perjanjian adalah consideration mencegah pelaksanaan janji tanpanya. Sebagai cara menghindari permasalahan ini, hakim-hakim di common law mengupayakan berbagai pengecualian dan alternatif dari consideration. Seiring dengan peningkatan penggunaan pengecualian dan alternatif untuk consideration, erosi terjadi. Dalam pengertian ini hukum perjanjian di common law menjadi mirip dengan civil law, yang tidak pernah menyaratkan consideration. Penelitian ini menunjukan bahwa ketika menghadapi pilihan hukum antara civil dan common law seseorang harus menyadari perbedaan persyaratan contract.

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This research discusses the eroding doctrine of consideration in the common law. Although consideration is one of the requirements of a valid contract in the common law, it is not required in civil law contracts. Therefore the concept of consideration in common law is compared to Indonesian law, which is a representative of the civil law system. In fact, the very concept of consideration in the common law has been found to be problematic and non-rigid. The main issue with consideration, as a requirement of contract, is that it halts the enforcement of promises lacking consideration. As a way around this problem, judges in common law often resort to various exemptions and alternatives to consideration. Along with the increased usage of exemptions and alternatives to consideration, the doctrine of consideration has eroded. In this sense contract law in common law has become somewhat similar to that of civil law, which never required consideration for contracts in the first place. This research suggest that when facing a choice of legal system between common and civil law, one must be aware of the differences in the contractual requirements."

"In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts, that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference"-- Provided by publisher."More than two hundred legal historians, from every corner of the globe, met in Oxford at the Eighteenth British Legal History Conference in early July 2007 to hear and present papers on the history of "judges and judging". A selection of the papers presented at the conference has now been revised and edited to form the chapters of this volume. Perhaps the theme of the conference and of this publication needs some initial explanation. The Legal Realists of the 1920s and 1930s rightly questioned the pre-eminence given to the study of decision-making in the courts in American legal education, and similar ideas have entered British and Commonwealth legal education in the past generation; the utterances of judges are not taken as the sum of, or even the core of, the law. But this is hardly news for legal historians. They have long been effortless, even naively unselfconscious, Realists, always concerned to understand the making of the law within the context of its time, with due attention to the society in which law is embedded and the shifting mentalities of professionals and other players in the legal system"-- Provided by publisher.Contents Machine generated contents note: Part I. Common Law: 1. Judges and judging 1176-1307 Paul Brand; 2. Formalism and realism in fifteenth-century English law: bodies corporate and bodies natural David J. Seipp; 3. Early modern judges and the practice of precedent Ian Williams; 4. Bifurcation and the Bench: the influence of the jury on English conceptions of the judiciary John H. Langbein; 5. Sir William Scott and the law of marriage Rebecca Probert; 6. The politics of English law in the nineteenth century Michael Lobban; 7. Judges and the criminal law in England 1808-1861 Phil Handler; 8. Bureaucratic adjudication: the internal appeals of the Inland Revenue Chantal Stebbings; Part II. Continental Law: 9. Remedy of prohibition against Roman judges in civil trials Ernest Metzger; 10. The spokesmen in medieval courts: the unknown leading judges of the customary law and makers of the first continental law reports Dirk Heirbaut; 11. Superior courts in early modern France, England and the Holy Roman Empire Ulrike Muessig; 12. The Supreme Court of Holland and Zeeland judging cases in the early 18th century A. J. B. Sirks; Part III. Imperial Law: 13. 11,000 prisoners: habeas corpus, 1500-1800 Paul D. Halliday; 14. Some difficulties of colonial judging: the Bahamas 1886-1893 Martin J. Wiener; 15. Australia's early High Court, the Fourth Commonwealth Attorney-General and the 'strike of 1905' Susan Priest; 16. Judges and judging in colonial New Zealand: where did native title fit in? David V. Williams."