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西方国家法律通常可分为两大法系或传统,一个是以古代罗马法为基础而形成的法律,通称民法法系(或大陆法系),另一个是普通法系。在20世纪,特别在第二次世界大战后,两大法系相互影响,已日益靠拢,但差别仍然存在。二战后,美国已取得了西方法律理智上的领导地位,这就意味美国法律拥有对西方另一法系,即民法法系的法律发生影响的能力。以下试图探讨一些较重要的影响。
Western law can usually be divided into two major legal systems or traditions, one is based on ancient Roman law as the law formed, commonly known as civil law (or civil law), the other is common law. In the 20th century, especially after the Second World War, the two legal systems interacted each other and got closer together, but the difference still existed. After World War II, the United States has acquired the intellectual leadership of Western law. This means that American law has the ability to influence the law of the other Western law system, that is, the civil law law system. The following attempts to explore some of the more important implications.