Legal Methods and system ; Mulchay Flashcards
How have the aims of comparative law changed
it affords uses a glimpse into the form and formation of legal institutions
What is comparative law
comparison of different legal systems in the world
Roles and functions of comparative law
It enables scholars to see similarities of law and legal systems thereby deepening belief in the existence of a universal sense of justice
-offers the only way law can become a science.
-Enriches the supply of legal solutions hence offering an opportunity for jurists to find the better solution
-Dissolves unwarranted national prejudices
-useful for law reform in developing countries
Is there a difference between legal systems , cultures and traditions
what are traditions
The two notions of traditions
Traditions can be defined as coherent body of knowledge that is transmitted from generation to the next
What is legal culture
Refers to two rather different sets of attitudes and values that of the general public and that of lawyers
What are legal systems
They are tools, instruments and mechanisms and those who use them are living entities determined to accomplish things such as contracts through the law
What is the difference in a legal system
It is a distinctive mode of legal thinking
culture
Framework of intangibles within which an interpretive community operates which has a normative force for this community and which determines the identity of a community
style
Presentation or way of doing things
Tradition is an important part of culture
Hence culture is broader than tradition
Tradition is an important part of culture
Hence culture is broader than tradition
Freidmans aspects of legal culture
Lay legal culture is the same as external culture which is how the general public views the law
Internal legal culture is the legal culture of those members of society insode the legal system such as lawyers
How does the concept of mentality implicate legal culture
Mentality offers a core explanation for ideas and practices as lawyers consider that a significant hallmark of a difference in a legal system is mentality
Pierre Legrand says a mentality is a collective mental program which contains assumptions, attitudes and antipathies which provide the deep structures for legal rationality
Is legal mentality universal or specific
Mentality
It is the prelogical set of perspectives on the world that shape action
