Meeting Points between the Traditions of English-American Common Law and Continental-French Civil Law

Varga, Csaba (2003) Meeting Points between the Traditions of English-American Common Law and Continental-French Civil Law. Acta Juridica Hungarica, 44 (1-2). pp. 21-44. ISSN 1216-2574

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Abstract

A scale of globalisation is witnessed in the present case study as exemplified by (1) the transformation of the role of precedents; (2) the multicultural and multifactorial search for a common solution instead of any law-based administration of justice; (3) dissolving definition by and conclusion from the law in the name of a legal socio-positivist approach; accompanied with (4) some new prerogatives acquired by courts through a) unfolding statutory provisions through principles in judicial actualisation, (b) constitutionalisation of issues, as well as c) the Supreme Court imposing upon the nation as its supreme moral authority. In both cases, the main point is to re-consider the law's normative material in a way somewhat released from nationally positivated self-restriction when searching for a kind of trans-national cultural community. By gradually eliminating the law's substantivity, legal self-identity is mostly preserved in a rather procedural sense.

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