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Part I. The Common Law is Different: Ten Illustrations: 1. The ambiguity of the term 'law' 2. Appeal: a recent development 3. English law is a 'seamless web' 4. The rule of exclusion 5. A land without a constitution? 6. The consequences of parliamentary absolutism 7. The haphazard development of criminal law 8. Prosecution and verdict in criminal trials 9. A law uncodified Jurists are dispensable Part II. The Mastery of the Law: Judges, Legislators and Professors: 10. Some facts 11. Explanations: the 'national spirit'? 12. Explanations: authoritarian Roman law and democratic England? 13. Explanations: political history Part III. The Divergent Paths of Common Law and Civil Law: 14. Common law and civil law: the parting of the ways 15. The ways remain separate 16. Which diverged from which? Part VI. Which is Best, Case Law, Statute Law, Or Book Law: 17. The judges: amateurs and professionals 18. The courts and their creators 19. Codification: a weapon against the judiciary 20. Law professors serve the powers that be 21. Eight criteria of good law.
Simpson et al. (Sun,) studied this question.