Comparative Law Essays

Comparative Law Essays-6
His comparative approach is obvious in the following excerpt from Chapter III of Book I of his masterpiece, De l'esprit des lois (1748; first translated by Thomas Nugent, 1750):[T]he political and civil laws of each nation ...

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Comparative civil law studies, for instance, show how the law of private relations is organised, interpreted and used in different systems or countries.

The purposes of comparative law are: Comparative law is different from the fields of general jurisprudence (legal theory), international law, including both public international law and private international law (also known as conflict of laws).

Comparative law may also provide insights into the question of legal transplants, i.e.

the transplanting of law and legal institutions from one system to another.

Notably, a few years later, Leibniz introduced an idea of Language families.

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Although every Legal System is unique, Comparative Law through studies of their similarities and differences allows for classification of Legal Systems, wherein Law Families is the basic level of the classification.Despite the differences between comparative law and these other legal fields, comparative law helps inform all of these areas of normativity.For example, comparative law can help international legal institutions, such as those of the United Nations System, in analyzing the laws of different countries regarding their treaty obligations.According to David, the Civil law legal systems included those countries where legal science was formulated according to Roman law, whereas Common law countries are those dominated by judge-made law.The characteristics that he believed uniquely differentiate the Western legal family from the other four are: Konrad Zweigert and Hein Kötz propose a different, multidimensional methodology for categorizing laws, i.e. They maintain that, to determine such families, five criteria should be taken into account, in particular: the historical background, the characteristic way of thought, the different institutions, the recognized sources of law, and the dominant ideology.The notion of legal transplants was coined by Alan Watson, one of the world's renowned legal scholars specializing in comparative law.Also, the usefulness of comparative law for sociology of law and law and economics (and vice versa) is very large.Comparative law is an academic discipline that involves the study of legal systems, including their constitutive elements and how they differ, and how their elements combine into a system.Several disciplines have developed as separate branches of comparative law, including comparative constitutional law, comparative administrative law, comparative civil law (in the sense of the law of torts, contracts, property and obligations), comparative commercial law (in the sense of business organisations and trade), and comparative criminal law.The origins of modern Comparative Law can be traced back to Gottfried Wilhelm Leibniz in 1667 in his Latin-language book Nova Methodus Discendae Docendaeque Iurisprudentiae (New Methods of Studying and Teaching Jurisprudence).Chapter 7 (Presentation of Law as the Project for all Nations, Lands and Times) introduces the idea of classifying Legal Systems into several families.


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