Continental Law and Common Law: Historical Strangers or Companions?

Helmholz, Richard H.

doi:10.2307/1372832

Cited by 46 publications

(6 citation statements)

References 2 publications

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“…Consideration of the European state of legislation concerning "revenge porn" and "deepfake porn" should begin by highlighting the differences between the common law and constitutional law systems (Helmholz, 1990;Mania, 2020).…”

Section: "Deepfake Porn" and "Revenge Porn" In European Unionmentioning

confidence: 99%

Legal Protection of Revenge and Deepfake Porn Victims in the European Union: Findings From a Comparative Legal Study

Mania

2022

Trauma, Violence, & Abuse

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The use of images of persons in a pornographic context (without the prior consent of the person concerned) on the internet is an increasingly widespread infringement. Unlawful activities carried out with the use of generated images and artificial intelligence are a variant of this phenomenon. “Revenge porn” and “deepfake porn” illustrate the inadequacy of legal systems vis a vis the fast-changing reality. Using the comparative law method, a comparison was made between the current laws of nine EU Member States to create a map of protection for victims of revenge porn. As the results showed, in three of the studied countries there is a separate incrimination of revenge porn; however, the conceptual scope of its definition is significantly different and it is these differences that determine the legal way for the victims to assert their rights. This article is a comparison of the current legal regulations of selected European Union countries and the means of legal protection used by the victims. The text presents the differences occurring in the legal systems adopted in the countries subject to analysis, as well as an assessment of possible solutions at the legal and technological level to face the existing problem.

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Section: "Deepfake Porn" and "Revenge Porn" In European Unionmentioning

confidence: 99%

Legal Protection of Revenge and Deepfake Porn Victims in the European Union: Findings From a Comparative Legal Study

Mania

2022

Trauma, Violence, & Abuse

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“…This makes sense since, far from being a marginal phenomenon in a world of “pure” systems of civil law or common law, mixed jurisdictions are instead extremely evident cases of the confluence of civil law and common law elements that exists in most, if not all, Western legal systems. Indeed, historically speaking, civil law and common law have been distinct but related, mutually influential legal families (Helmholz ). “Mixed jurisdictions”—which are, again, extreme forms of a common phenomenon—include several systems.…”

Section: Towards Greater Surface Convergencementioning

confidence: 99%

Against Parochialism in Contract Theory: A Response to Brian Bix

Jiménez

2019

Ratio Juris

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“…7 But it too is not without its share of complications. As Helmholz (1990) and many others have told us, English practices hardly arose in a vacuum; continental civil law and other forms of transjudicial communication influenced their development.…”

Section: The Origins Of Foreign Law Influencementioning

confidence: 99%

(Re-)Setting the Scholarly Agenda on Transjudicial Communication

Black

Epstein²

2007

Law &Amp; Social Inquiry

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We consider the contributions made by Robert H. Bork's Coercing Virtue (2003) and Anne‐Marie Slaughter's A New World Order (2004) to the ongoing debate over the citation of foreign law in United States courts. While empirically minded sociolegal scholars might be tempted to dismiss these books as mere op‐eds, that would be a mistake. Taken with the spate of other recent work, they supply the makings of an agenda for rigorous research devoted to understanding the exchange of law among nations.

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Continental Law and Common Law: Historical Strangers or Companions?

Cited by 46 publications

References 2 publications

Legal Protection of Revenge and Deepfake Porn Victims in the European Union: Findings From a Comparative Legal Study

Legal Protection of Revenge and Deepfake Porn Victims in the European Union: Findings From a Comparative Legal Study

Against Parochialism in Contract Theory: A Response to Brian Bix

(Re-)Setting the Scholarly Agenda on Transjudicial Communication

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