- The Oxford Handbooks of Political Science General Editor: Robert E. Goodin
- About the Contributors
- The Study of Law and Politics
- Judicial Behavior
- Strategic Judicial Decision-making
- Historical Institutionalism and the Study of Law
- The Rule of Law and Courts in Democratizing Regimes
- The Global Spread of Constitutional Review
- Establishing and Maintaining Judicial Independence
- The Judicialization of Politics
- Comparative Federalism and the Role of the Judiciary
- Legal and Extralegal Emergencies
- International Law and International Relations
- The European Court and Legal Integration: An Exceptional Story or Harbinger of the Future?
- War Crimes Tribunals
- The Globalization of the Law
- Civil Law and Common Law: Toward Convergence?
- Constitutional Law and American Politics
- The Legal Structure of Democracy
- Administrative Law
- Legislation and Statutory Interpretation
- Informalism as a Form of Legal Ordering
- Natural Law
- Rights in Legal and Political Philosophy
- Formalism: Legal, Constitutional, Judicial
- Feminist Theory and the Law
- The Racial Subject in Legal Theory
- Filling the Bench
- The U.S. Supreme Court
- Relations among Courts
- Litigation and Legal Mobilization
- Legal Profession
- Judicial Independence
- Law and Regulation
- Law as an Instrument of Social Reform
- Criminal Justice and the Police
- Law and Political Ideologies
- Courts and the Politics of Partisan Coalitions
- Understanding Regime Change: Public Opinion, Legitimacy, and Legal Consciousness
- Law and Society
- The Analysis of Courts in the Economic Analysis of Law
- Psychology and the Law
- Law and History
- The Path of the Law in Political Science: De-centering Legality from Olden Times to the Day before Yesterday
- Reflections about Judicial Politics
- Law and Politics: The Problem of Boundaries
- Name Index
- Subject Index
Abstract and Keywords
Convergence between the common law and the civil law tradition is a well-established topic of the academic discipline known as comparative law. In order to analyze analogies and differences between the common law and the civil law systems, comparative lawyers have developed a number of tools, among which convergence is quite an important one. Perhaps the best way to explore the issue of convergence between civil law and common law is thus that of observing a few classic loci oppositionis between the two families of legal systems. This article first presents a definition of convergence, offering examples of the various meanings that convergence has been given in comparative legal literature in different contexts. It then offers some illustration of both current and classic debates, in comparative legal literature, on the convergence of common law and civil law. The first part of the article unveils deterministic logic as one of the constitutive elements of the notion of convergence.
Ugo Mattei is Alfred and Hanna Fromm Chair in International and Comparative Law at the University of California Hastings College of the Law.
Luca G. Pes is a Ph.D. candidate in anthropology at the London School of Economics and Political Science.
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.