WEEK 1, CH2 Flashcards
(44 cards)
comparative law
the study of different legal systems and how they work
Comparative law has 5 main purposes
- gaining of knowledge
- evaluating the better law
- substantiate the application of law
- improve legal education
- the unification of law
Comparative law has 5 main purposes
1. Gaining of knowledge
can give you insights because constitutional differences affect how courts handle similar cases §
Comparative law has 5 main purposes
1. Gaining of knowledge
2. Evaluating the Better Law
- The researcher may start neutrally but then decide which law works best in a specific case.
- This is controversial, because it may suggest one legal system is better than another.
- Some people dislike this because it assumes not all legal systems are equal.
Comparative law has 5 main purposes
1. Gaining of knowledge
2. Evaluating the Better Law
3. Substantiate the Application of Law
Compare it to other systems before applying a law to make sure you are applying it correctly
Comparative law has 5 main purposes
1. Gaining of knowledge
2. Evaluating the Better Law
3. Substantiate the Application of Law
4. improve legal education
They broaden students’ views.
They are also useful in applied research (real-world legal problem-solving).
Comparative law has 5 main purposes
1. Gaining of knowledge
2. Evaluating the Better Law
3. Substantiate the Application of Law
4. improve legal education
5. The unification of law
helps standardize rules across countries, especially for international trade
why is unification of law needed
Without this, companies face:
1.The need to adjust products/services for each legal system.
2. The temptation to use the most flexible or lowest-standard legal system for competitive advantage.
To fix this, international lawmakers try to harmonize or unify legal rules.
macro comparison
comparing the main characteristics of legal systems. it helps us understand
- how legal systems work
- how similar or different they are from each other
What is a Legal System?
a coherent group of legal rules using the same hierarchy of legal sources. usually tied to a territory of a state
What is a Legal Family?
a group of legal systems with shared core characteristics (like hierarchy of rules).
*Not always limited to state borders.
*Legal systems can change over time.
On what basis are legal systems grouped into legal families?
Based on differences in their highest legal source.
What is the “highest legal source” in a legal system?
The most important authority that the system is built on, like written law, court decisions, or religious texts.
an example of a legal familiy is Common Law System
Law is case law driven → developed mainly by judges
What role do written laws play in a common law system?
They exist but often summarize or support case law, not lead it.
What kind of law is especially important in common law systems?
Procedural law — how courts handle and process legal cases.
Why is formal law emphasized in common law?
Because court procedures strongly influence legal outcomes.
Where did the common law system originate?
England
Which countries mostly use common law today?
Commonwealth countries and the U.S.
an example of a legal familiy is Civil Law System
Law is driven by codified standards (written laws). Legal systems aim to be coherent and organized using these written rules. Courts apply the written law directly, but also interpret the spirit of the code
Are judges in civil law systems like robots that just follow codes?
No, they interpret laws thoughtfully to fit the situation.
What do legal professionals in civil law systems rely on more: case law or written texts?
written texts
an example of a legal family is the socialist system: What is a socialist legal system?
A system where the state, through the political party, creates and controls law to shape society according to socialist principles.
Who is the main source of law in a socialist system?
The administration, acting through the ruling political party.
