Legal education in civil and common law. Lawyers and sport law in civil law

Autore:Francesco Delfini
Carica:Full professor of Private Law, University of Milan, School of Law
11
rivista di diritto privato Saggi e pareri
1/2014
Legal education in civil and common law.
Lawyers and sport law in civil law*
di Francesco Delni**
In my address and introduction I would point out how in a legal eld such as
sports law, we can nd a convergence between civil law and common law legal prac-
tice, typical of the present globalisation era.
Using a little generalisation and simplication, we can broadly split legal systems
into those of common law tradition and those of civil law tradition.
e rst range from the United Kingdom to Ireland, the British Commonwealth
including Australia and the centre – western Canada and, of course, most of the
United States of America.
e latter include continental Europe – whose law derives in some way from Ro-
man law through the “diritto comune” taught and learned in European Universities
during the Middle Ages – and, via the inuence of the French Napoleonic Code,
South (and Central) America, the Eastern Part of Canada (Quebec) and a little por-
tion of the USA (mainly Louisiana).
Actually, the main feature of the civil law family systems is more its derivation (or
inspiration) from the Civil Code or Napoleonic Code, enacted in March 1804, than
its Roman Law roots. On obligations (and, in some way, on contracts), the Napole-
onic Code is strongly based on Roman Law, but the actual family of civil law sys-
tems was more recently spread as a result of the Napoleon conquests of most of
Europe before his nal defeat at Waterloo.
erefore the main dierences between the two legal systems lie in the existence,
or not, of a Code as a main source in private law, and upon the dierent social bod-
ies appointed as law makers (legislative assemblies or judges).
e idea of a code summarizing all the duties and rights of a private citizen with
respect to others (and the State) was born out of the French Enlightenment Move-
ment, but found completion and strength in the values of the French Revolution
(Liberty, Equality, Fraternity).
* Speech delivered at the meeting on “Legal Education in Civil and Common Law”, held on 25th March 2014
at University of Milan, School of Law. Guest Prof. Joan S. Howland – Associate Dean for I & T – Univer-
sity of Minnesota Law School – Chair, American Bar Association Council on Legal Education.
** Full professor of Private Law, University of Milan, School of Law.

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