Western Legal Traditions

This book is highly recommended for legal practitioners seeking to understand how two somewhat different legal systems operate. It is also of value for law students (both undergraduate and postgraduate) embarking upon the study of comparative law. The level of analysis contained in Western Legal Traditions: A Comparison of Civil Law and Common Law only comes about after many years of thought and reflection. Vranken is to be applauded for providing such an easy to read (and carry) book. Read review… - Christopher Brien, InPrint, Law Institute Journal Victoria, August 2016 The utility in comparative legal analysis is skilfully highlighted in this brief but, where relevant, detailed treatment of a number of controversial issues that continue to be relevant to practice in Australia. Western Legal Traditions - A Comparison of Civil Law & Common Law conveniently commences with a refresher of the theoretical underpinnings of legal systems generally, as well as the common law and civil methods. The book then considers the solutions which have been adopted by various common and civil law to issues such as the imposition of a duty to rescue, wrongful life and birth suits, and a requirement for good faith in the performance of contracts. Whilst not proposing a solution to all of the issues which it addresses, nor providing a theoretical justification to overcome the reticence that has been shown to the utilisation of top-down legal reasoning in Australia (in order perhaps to justify the adoption of civil law theories), the author evidently does not set out to achieve those aims. Rather, the author succeeds in his stated goal of providing a thought-provoking treatment of the selected issues in order “to promote a deeper understanding of the society in which we live, and the rules by which it is shaped”, but also successfully demonstrates how the solutions which different legal systems have adopted to controversial issues are thoroughly shaped by the system in which they are resolved. This work is published by The Federation Press which continues to lead all other Australian legal publishers in the promotion of quality legal works. - Queensland Law Reporter - 06 May 2016 - [2016] 17 QLR

Martin Vranken is a Reader in the Faculty of Law at the University of Melbourne.