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Thursday, 17 November 2016, 6:00PM - 7:00PM
Barnard's Inn Hall

In the Context of the Common Law: The European Court of Human Rights in Strasbourg

Bostjan M. Zupancic

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. 

2016-11-17_BostjanMZupancic_speaker_370x370.jpg

Professor Bostjan M. Zupancic is a recently retired Judge at the European Court of Human Rights Strasbourg, France.

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17 November 2016

In the Context of the Common Law: The European Court of Human Rights in Strasbourg
Bostjan M. Zupancic

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