Roman Law vs US Law? Il contributo del diritto romano ad un dialogo possibile

• Autores: Salvo Randazzo
• Localización: Jus: Rivista di Scienze Giuridiche, ISSN 0022-6955, Vol. 57, Nº. 1-2, 2010, págs. 5-36
• Idioma: italiano
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• Resumen

  • A widespread view, evident to be sure in a certain sector os American public opinion, sees roman law as the main source of contemporary continental law, and as something that cannot be reconciled, or is even in direct conflict with, the US legal system. The author counters this impression with an approach consisting of two main lines of argument that in the end converge. First, he considers from an historical perspective the degree of penetration of Roman legal principles into English Common Law which was later adopted in the United States. Second he describes the trend which from one side, has European Law increasingly emerging as a court-based law, and on the other has U.S. law showing in different ways, a greater preference for a more systematic organization of its rules and approach to their application.