{"title":"美国比较法的发展","authors":"D. Clark","doi":"10.1093/OXFORDHB/9780198810230.013.6","DOIUrl":null,"url":null,"abstract":"This chapter examines the origins of comparative law activities during the colonial British American period and the formative era of the United States. During the eighteenth and nineteenth centuries, knowledge of Enlightenment philosophy and Roman and continental European legal systems acted as a filter for the importation of rules and structures to serve a culturally diverse people and to construct an emerging nation in the new world. Nevertheless, the first 125 years of United States history saw some exportation of American laws and legal institutions, primarily to the newly independent Latin American nations in the 1820s. These included concepts from the Constitution of 1789, the 1791 Bill of Rights, and public law structures such as federalism, a presidential executive, and judicial review of legislative and executive action. By the twentieth century, American comparative law began to form as an organized activity, with its own institution, journal, and annual meetings. This process was uneven, but steady. When the Comparative Law Bureau folded into a more comprehensive ABA section, the American Foreign Law Association kept the flame alive. Comparatists dealt with more complex methods and issues, some debated in international meetings. After World War II, law school professors established American comparative law on a firmer institutional basis with a new association, journal, and scholarly meetings.","PeriodicalId":226421,"journal":{"name":"The Oxford Handbook of Comparative Law","volume":"142 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2006-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Development of Comparative Law in the United States\",\"authors\":\"D. Clark\",\"doi\":\"10.1093/OXFORDHB/9780198810230.013.6\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This chapter examines the origins of comparative law activities during the colonial British American period and the formative era of the United States. During the eighteenth and nineteenth centuries, knowledge of Enlightenment philosophy and Roman and continental European legal systems acted as a filter for the importation of rules and structures to serve a culturally diverse people and to construct an emerging nation in the new world. Nevertheless, the first 125 years of United States history saw some exportation of American laws and legal institutions, primarily to the newly independent Latin American nations in the 1820s. These included concepts from the Constitution of 1789, the 1791 Bill of Rights, and public law structures such as federalism, a presidential executive, and judicial review of legislative and executive action. By the twentieth century, American comparative law began to form as an organized activity, with its own institution, journal, and annual meetings. This process was uneven, but steady. When the Comparative Law Bureau folded into a more comprehensive ABA section, the American Foreign Law Association kept the flame alive. Comparatists dealt with more complex methods and issues, some debated in international meetings. After World War II, law school professors established American comparative law on a firmer institutional basis with a new association, journal, and scholarly meetings.\",\"PeriodicalId\":226421,\"journal\":{\"name\":\"The Oxford Handbook of Comparative Law\",\"volume\":\"142 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2006-11-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The Oxford Handbook of Comparative Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/OXFORDHB/9780198810230.013.6\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Oxford Handbook of Comparative Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/OXFORDHB/9780198810230.013.6","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1
摘要
本章考察了英美殖民时期和美国形成时期比较法活动的起源。在18和19世纪,启蒙哲学知识以及罗马和欧洲大陆的法律体系充当了输入规则和结构的过滤器,为文化多样化的人民服务,并在新世界中建立一个新兴国家。然而,在美国历史的前125年里,美国法律和法律制度出现了一些输出,主要是在19世纪20年代向新独立的拉丁美洲国家输出。其中包括1789年《宪法》、1791年《权利法案》(Bill of Rights)中的概念,以及诸如联邦制、总统行政机构以及对立法和行政行为的司法审查等公法结构。到了20世纪,美国比较法开始形成一种有组织的活动,有自己的机构、期刊和年会。这个过程是不平衡的,但却是稳定的。当比较法局合并成一个更全面的美国律师协会分会时,美国外国法协会保持了它的活力。比较学家处理更复杂的方法和问题,有些在国际会议上辩论。第二次世界大战后,法学院的教授们通过成立新的协会、期刊和学术会议,在更牢固的制度基础上建立了美国比较法。
Development of Comparative Law in the United States
This chapter examines the origins of comparative law activities during the colonial British American period and the formative era of the United States. During the eighteenth and nineteenth centuries, knowledge of Enlightenment philosophy and Roman and continental European legal systems acted as a filter for the importation of rules and structures to serve a culturally diverse people and to construct an emerging nation in the new world. Nevertheless, the first 125 years of United States history saw some exportation of American laws and legal institutions, primarily to the newly independent Latin American nations in the 1820s. These included concepts from the Constitution of 1789, the 1791 Bill of Rights, and public law structures such as federalism, a presidential executive, and judicial review of legislative and executive action. By the twentieth century, American comparative law began to form as an organized activity, with its own institution, journal, and annual meetings. This process was uneven, but steady. When the Comparative Law Bureau folded into a more comprehensive ABA section, the American Foreign Law Association kept the flame alive. Comparatists dealt with more complex methods and issues, some debated in international meetings. After World War II, law school professors established American comparative law on a firmer institutional basis with a new association, journal, and scholarly meetings.