European Legal Systems are not converging
This paper first recalls that neither rules nor concepts reveal as much about a legal system as appears to be assumed by the authors which defend the thesis of the convergence of legal systems because of the convergence of some rules or concepts. It argues that a rule embodies a whole culture, and that rules are not the whole of the law. Next, it highlights the differences between the cognitive structures of the common law world and of the civil law world: both worlds are irreducibly different notably on account of the following factors: the nature of legal reasoning, the significance of systematisation, the character of rules, the role of facts, the meaning of rights, the presence of the past.--SCAD summary
Article, English, 1996