comparative law review

comparative law review - Court Book: Protopypical court:...

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Court Book: Protopypical court: what is this and what is the element. What makes it prototypical? And what makes it not? Traid 2 to 1: understand the concept of the traid- what is the problem of two against 1 ? Common law v. civil law: judge made law and pre existing law. Which court says which ? but what is the reality ? both makes law !judge make law in both of these system. Judge made law is tired to stare decisis. Appeal china and islam: verbarian hierarchy ? how is shapiro’s argument differs from those that had look at . Hierarchy . Islam is not hierarchy ? look at when it is hierarchical ? there is an appellate system. Not for the sake of promoting democracy, but really for maintaining hierarchy and social control. We have trail de novo versus rax judicada ? how does this worker ? the implication of trail de novo ? Mediation versus litigation. – how do mediation and litigation work together ? what are the advantages or disadvantages ? Ex: litigation is all about winner take all, the problem of over claim. Litigating is very expensive. What about punishment ? On law books: The communication chapter: chapter 2 – on the idea of stare decisis: Stare decisis and compare it to the model of communication. Relies on redundancy. Common law
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This note was uploaded on 05/29/2008 for the course LEGALST 179 taught by Professor Shapiro during the Spring '08 term at Berkeley.

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comparative law review - Court Book: Protopypical court:...

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