‘The European Court of Human Rights has been at the crossroads of two legal civilizations: the Continental Civil Law on the one hand and the British Common Law on the other. The common-law construction with its analogical reasoning is based on the formula that ‘the like cases should to be decided alike’. This legal tradition is more open-textured than the logical reasoning in the Continental legal system. Also, Continental judges are, since Montesquieu, thought of as merely ‘les bouches de la loi’ – bound to derive their judgements from an abstract normative major premise. Here we have yet again two different approaches to reality.’
Date: 17th November 2016, 6.00-7.00pm
Location: Barnard’s Inn Hall
More information can be found here.