LEADER 04405nam 22007455 450 001 9911007351803321 005 20250527130253.0 010 $a3-031-87161-8 024 7 $a10.1007/978-3-031-87161-0 035 $a(CKB)39124576700041 035 $a(DE-He213)978-3-031-87161-0 035 $a(MiAaPQ)EBC32145052 035 $a(Au-PeEL)EBL32145052 035 $a(OCoLC)1524425254 035 $a(EXLCZ)9939124576700041 100 $a20250527d2025 u| 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aCulture and Predictability of Law $eA Justification from a Modern Historical Perspective /$fby Luiz Guilherme Marinoni 205 $a1st ed. 2025. 210 1$aCham :$cSpringer Nature Switzerland :$cImprint: Springer,$d2025. 215 $a1 online resource (VII, 72 p. 2 illus.) 225 1 $aSpringerBriefs in Law,$x2192-8568 311 08$a3-031-87160-X 327 $a1 Introduction -- 2 Protestantism, Capitalism, Rationality of Law and Predictability in Weber. Between the Common Law and the Civil Law of the End of the Nineteenth Century -- 3 The Tansformation of Civil Law -- 4 Personalism, Patrimonialism, Cult of Irrationality and Contempt for Predictability in Brazil -- 5 Justification for a System of Precedents. 330 $aThis book aims to identify the sociological reasons that resulted in the perceived lack of authority of precedents in civil law systems, starting from the premise that common law systems rely on precedents, while civil law systems do not. The reasoning is based on the sociology of law, mainly on Max Weber?s theory, legal theory, and constitutional law. English common law, seen by Weber as a law devoid of formal rationality mainly because it does not allow for generalization and comprehensiveness, became a predictable system through stare decisis. This serves to highlight not only that it is not to be confused with common law but especially to clarify that ?binding precedents? are necessary as the law moves away from calculability. The transformation of civil law due to the impact of constitutionalism, the increasingly widespread use of general clauses, and the evolution of the theory of interpretation eliminated the pretensions of logical positivism and, consequently, the predictability upon which it would be achievable. However, if the law contemplated by Weber ceased to exist and the new law came to depend largely on the subjectivity of the judge, this does not mean that society could remain helpless and devoid of guarantees of predictability and equality, as the new profile of civil law could not be compatible with a coherent legal order and a rational distribution of justice. In the end, the book seeks to demonstrate the fundamentality of precedent for the unity and development of law, clarity and generality, promotion of equality, institutional strengthening, limitation of state power, predictability, economic rationality, respect for the law, and increased personal responsibility. 410 0$aSpringerBriefs in Law,$x2192-8568 606 $aConstitutional law 606 $aCivil law 606 $aCivil procedure 606 $aLaw$xPhilosophy 606 $aConflict of laws 606 $aConflict of laws 606 $aInternational law 606 $aComparative law 606 $aConstitutional Law 606 $aCivil Law 606 $aCivil Procedure Law 606 $aPhilosophy of Law 606 $aPrivate International Law, International and Foreign Law, Comparative Law 615 0$aConstitutional law. 615 0$aCivil law. 615 0$aCivil procedure. 615 0$aLaw$xPhilosophy. 615 0$aConflict of laws. 615 0$aConflict of laws. 615 0$aInternational law. 615 0$aComparative law. 615 14$aConstitutional Law. 615 24$aCivil Law. 615 24$aCivil Procedure Law. 615 24$aPhilosophy of Law. 615 24$aPrivate International Law, International and Foreign Law, Comparative Law. 676 $a342 700 $aMarinoni$b Luiz Guilherme$4aut$4http://id.loc.gov/vocabulary/relators/aut$0750983 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9911007351803321 996 $aCulture and Predictability of Law$94389702 997 $aUNINA