Adversarial systems and adversarial mindsets: Do we need either?

Research output: Contribution to journalArticleResearchpeer-review

Abstract

The styles of teaching and studying law in civilian and common law jurisdictions are very different. In the context of a desire to make civil procedure in common law jurisdictions less adversarial, the greater emphasis on case based learning in the common law world is striking. The origins of this difference lie in the greater importance (at least doctrinally, if not in practice) of precedent. In the common law world much of the law is still found in binding judgments, and even where there is statute law, the emphasis in teaching is still on the cases, and their facts, rather than on a systematic and theoretical analysis of legislation or ‘codes’.
Original languageEnglish
Pages (from-to)111-122
Number of pages12
JournalBond Law Review
Volume15
Issue number2
Publication statusPublished - 2003

Fingerprint

common law
Law
jurisdiction
Teaching
statute
legislation
learning

Cite this

@article{cf6d0d8c17f04014b4f57524ece9a8cf,
title = "Adversarial systems and adversarial mindsets: Do we need either?",
abstract = "The styles of teaching and studying law in civilian and common law jurisdictions are very different. In the context of a desire to make civil procedure in common law jurisdictions less adversarial, the greater emphasis on case based learning in the common law world is striking. The origins of this difference lie in the greater importance (at least doctrinally, if not in practice) of precedent. In the common law world much of the law is still found in binding judgments, and even where there is statute law, the emphasis in teaching is still on the cases, and their facts, rather than on a systematic and theoretical analysis of legislation or ‘codes’.",
author = "{Van Caenegem}, William",
year = "2003",
language = "English",
volume = "15",
pages = "111--122",
journal = "Bond Law Review",
issn = "1033-4505",
publisher = "Bond University Press",
number = "2",

}

Adversarial systems and adversarial mindsets : Do we need either? / Van Caenegem, William.

In: Bond Law Review, Vol. 15, No. 2, 2003, p. 111-122.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - Adversarial systems and adversarial mindsets

T2 - Do we need either?

AU - Van Caenegem, William

PY - 2003

Y1 - 2003

N2 - The styles of teaching and studying law in civilian and common law jurisdictions are very different. In the context of a desire to make civil procedure in common law jurisdictions less adversarial, the greater emphasis on case based learning in the common law world is striking. The origins of this difference lie in the greater importance (at least doctrinally, if not in practice) of precedent. In the common law world much of the law is still found in binding judgments, and even where there is statute law, the emphasis in teaching is still on the cases, and their facts, rather than on a systematic and theoretical analysis of legislation or ‘codes’.

AB - The styles of teaching and studying law in civilian and common law jurisdictions are very different. In the context of a desire to make civil procedure in common law jurisdictions less adversarial, the greater emphasis on case based learning in the common law world is striking. The origins of this difference lie in the greater importance (at least doctrinally, if not in practice) of precedent. In the common law world much of the law is still found in binding judgments, and even where there is statute law, the emphasis in teaching is still on the cases, and their facts, rather than on a systematic and theoretical analysis of legislation or ‘codes’.

M3 - Article

VL - 15

SP - 111

EP - 122

JO - Bond Law Review

JF - Bond Law Review

SN - 1033-4505

IS - 2

ER -