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Comparative Legal Traditions, Part II
• Development and Distribution of the Common Law Tradition
• Comparing Differences in Law Finding and Procedures in the Two Traditions
Norman Conquest and the Creation of a Common Law
The Royal Courts
•Exchequer•Common Pleas
•King’s Bench
The Writ System
19th Century Reforms• Bentham, Codification and
Statutory Law• Judicature Act of 1873
• Creation of Supreme Court of Judicature which included:
• High Court• Exchequer• Common Pleas• Queen’s Bench• Chancery Court• Wills, Trusts and Admiralty
• Court of Appeal• Impact on Writ System
• House of Lords
Distribution of Common Law Tradition
Sources of Law & Methods of Legal Thought
Civil Law Tradition
• Primary Sources• Legislative Enactment• Customs• General Principles
• Authorities• Case Law • Doctrine
Common Law Tradition
• Precedent• Legislative Enactment• Constitution• Unwritten Sources• Royal Prerogative• Human Rights and EU
Law
Comparative Analysis of the Traditions
• What similarities/differences do the readings suggest between the two traditions, in terms of development, law-finding or procedure?
• In groups of two, identify at least two points of similarity and difference? Discuss how these manifest themselves in the two traditions?
• Enlarge your group to five and share your findings/further discuss.