Sociocultural Challenges for Comparative Legal Studies in Mixed Legal Systems

2021 ◽  
pp. 83-96
Author(s):  
Esin Örücü
Keyword(s):  
Legal Systems ◽  
Legal Studies ◽  
Sociocultural Challenges

Legal Systems & Skills

2017 ◽  
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard
Keyword(s):  
Research Problem ◽  
Law Firms ◽  
Legal Services ◽  
Legal Service ◽  
Legal Systems ◽  
Business Economics ◽  
Legal Studies ◽  
Finance Law ◽  
Core Areas ◽  
Essential Knowledge

Legal Systems & Skills provides essential knowledge and skills for underpinning legal studies, providing a foundation for graduate employability both within and outside the legal service profession. It develops students’ understanding in three core areas: legal systems, legal skills, and professional development and commercial awareness. The first part of the book looks at legal systems, sources of law, legislation, case law, and legal services. The next part considers how to read and understand law, legal research, problem solving, communication, and writing and drafting. The final part examines employability skills, business, economics and finance, law firms, and clients.

Islamic Law as a Comparable Model in Comparative Legal Research

2014 ◽  
Vol 3 (2) ◽  
pp. 186-202
Author(s):  
Hamid Harasani
Keyword(s):  
Islamic Law ◽  
Legal Systems ◽  
Legal Transplant ◽  
Legal Studies ◽  
Legal Method ◽  
Religious Law ◽  
The Subject ◽  
First World ◽  
Being Religious ◽  
Comparable Model

Increasingly, Islamic law has become the subject of comparative legal study. Further, in the applied sense, comparative legal studies’ greatest value lies in understanding our own legal systems, as well as benefiting from other legal systems by importing what we lack from them. Unlike secular legal systems, Islamic law, being religious in nature and having eschatological connotations, requires reworking the comparative legal method to take account of that. When it comes to religious laws, hermeneutics play a key role, as a religious legal system will only be receptive to foreign norms if such norms earn their place internally, following hermeneutic justification. Cultural and religious pride, as well as intellectual impartiality, decrees that a legal solution should not be preferable just because it comes from the First World. This paper will therefore formulate a methodology for comparative legal studies where religious law is one of the comparative models and there are potential suggestions of legal transplant.

Legal Systems & Skills

2020 ◽  
Author(s):  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard
Keyword(s):  
Oral Communication ◽  
Research Problem ◽  
Law Firms ◽  
Legal Services ◽  
Legal Service ◽  
Legal Systems ◽  
Business Economics ◽  
Legal Studies ◽  
Core Areas ◽  
Essential Knowledge

Legal Systems & Skills provides essential knowledge and skills for underpinning legal studies, providing a foundation for graduate employability both within and outside the legal service profession. It develops students’' understanding in three core areas: legal systems, legal skills, and professional development and commercial awareness. The first part of the book looks at legal systems, sources of law, legislation, case law, and legal services and ethics. The next part considers, in the context of academia and practice, how to read and understand law, legal research, problem solving, oral communication and presentations, client interviews and meetings, negotiation and mediation, mooting, advocacy and criminal advocacy competitions, and writing and drafting. The final part examines employability skills, commercial awareness, business, economics and finance, law firms, and clients.

Comparing legal cultures of Eastern Europe: the need for a dialectical analysis

Legal Studies ◽  
1996 ◽  
Vol 16 (2) ◽  
pp. 157-184 ◽  
Author(s):  
Bogumila Puchalska-Tych ◽  
Michael Salter
Keyword(s):  
Eastern Europe ◽  
Present Article ◽  
Legal Theory ◽  
Legal Education ◽  
Comparative Law ◽  
Legal Systems ◽  
Legal Studies ◽  
Dialectical Analysis ◽  
Recent Claim

Comparative legal studies have been haunted by many unresolved scholarly problems of a methodological and theoretical nature which too often continue to be ignored within the literature. The deficiencies in theory and method of comparative legal studies have rightly been often blamed for marginalisation of this subject in legal education and practice. The aim of the present article is to contribute to this general debate by identifying and then analysing certain deficiencies of approach to the task of comparing western and socialist legal systems and cultures. Our main preoccupation is to address critically the methodology of comparative law not only for its own sake but also in response to the challenge raised by Bell's recent claim that legal theory has much to learn from reflecting upon the issues raised by the comparative enterprise.

scholarly journals Japan as a Source of Legal Ideas: A View from the Mekong Subregion of ASEAN

2021 ◽  
Vol 13 ◽  
pp. 19-46
Author(s):  
Nobumichi Teramura ◽  
◽  
Keyword(s):  
Economic Growth ◽  
Development Aid ◽  
Legal Systems ◽  
Host Countries ◽  
Legal Development ◽  
Legal Studies ◽  
Positive Law ◽  
Japanese Law ◽  
Prevailing View

Much has been written about Japanese law within the context of Japan. Less is known about the application of Japanese legal models outside Japan. A prevailing view among some commentators is that Japanese law scholarship does not offer insights that are useful beyond Japan-based legal studies. Other scholars challenge this perception by invoking Japan’s legal development aid projects in the Mekong subregion of ASEAN—especially in Vietnam, Cambodia and Laos. These projects have been in operation for over twenty years and aim to foster the economic growth of host countries. This article aligns with the view that Japanese law exists beyond, and is influential outside, Japan. It calls for further action by legal specialists to re-examine and re-assess the corresponding influence of Japanese positive law in these countries, both in improving the transparency of those legal systems and enhancing communication among local, comparative and Japanese law experts.

What Makes Socialist Legal Systems Socialist?

2019 ◽  
pp. 131
Author(s):  
WILLIAM ELLIOTT BUTLER
Keyword(s):  
Special Reference ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
Legal Change ◽  
Legal Tradition ◽  
Legal Development ◽  
Legal Studies ◽  
Chinese Characteristics ◽  
National Legal System

The author re-examines in this article the foundations for the traditional classifications of legal systems in comparative legal studies and suggests the usefulness of a kaleidoscopic perception of legal classifications and change, commencing from the revolutions of 1917 down to the present with special reference to the enduring impact on Asian legal systems. China, Mongolia, Vietnam, and Laos, together with Cuba and Ethiopia, are arguably the surviving systems of the socialist legal tradition – few in number but massive in population. Various perspectives are suggested for classifying legal systems. None are regarded as mutually exclusive; that is, a single national legal system may display features of several familial characteristics. A substantial list of possible characteristics of socialist legal systems is given, as is a lengthy enumeration of possible categories of families of legal systems: socialist/totalitarian, technocratic, formalist, transitional, RomanoGermanic, mixed, Slavic, Eurasian, among others. With respect to Asian socialist legal systems, the article asks whether it is descriptively and analytically more correct to, for example, describe China as a “socialist legal system with Chinese characteristics” or a “Chinese legal system with socialist characteristics”. In either event, or a modification of the juxtaposition, the question remains: what factors make China one or the other? Whatever the answer at any given moment in time, a kaleidoscopic perception of legal change and movement looks less for eternal verities than for constant readjustment, constant re-evaluation of the balance of factors that comprise a legal system, and the development of additional relevant criteria that help identify the forces at work in legal development.

Empirical Legal Studies, Comparative Constitutional Law and Legal Doctrine: Bridging the Gaps

2018 ◽  
Vol 43 (4) ◽  
pp. 383-410
Author(s):  
Stephan G. Hinghofer-Szalkay
Keyword(s):  
Case Law ◽  
Legal Systems ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Legal Scholarship ◽  
East European ◽  
Legal Studies ◽  
Positive Law ◽  
Intimate Knowledge ◽  
Quantitative Analyses

This article looks into the viability of approaches to engaging in empirical comparative constitutional legal analysis. Quantifying the words contained in constitutions, while by no means irrelevant, can only be an element in this. Their actual importance according to case law and other empirical data highlights the need for caution in drawing far-ranging comparative conclusions from such quantifications for constitutional legal systems. It is argued that the key phenomenon driving these systems can be found elsewhere: In the paradigmatic concepts of a particular system of legal scholarship, other epistemic communities, or society at large. However, while this phenomenon can be empirically studied, any meaningful study necessitates intimate knowledge of legal scholarship as the meaning of communicative symbols involved can strongly diverge from the paradigmatic concepts of (other) social sciences. Central and East European (cee) constitutional legal systems can be of special interest in this regard due to both close similarities and considerable variations of both positive law and the paradigms of legal scholarship and political thought. Ultimately, an empirical analysis requires a holistic and systematic approach to understanding constitutional systems, including positive law and the paradigms driving it analyzed with quantitative as well as qualitative tools. Otherwise, the push for empirical comparative constitutional legal research may thwart its goal of accurately depicting the observable world, and, in the case of quantitative analyses, can run counter to the goal pursued.

scholarly journals COMPARATIVE LEGAL STUDIES: ROMANO-GERMANIC LEGAL SYSTEMS IN THE ASIA-PACIFIC STATES

2015 ◽  
Vol 4 (2(12)) ◽  
pp. 82
Author(s):  
Dmitry A. Verkhoturov ◽  
Andrey A. Verkhoturov
Keyword(s):  
Asia Pacific ◽  
Legal Systems ◽  
Legal Studies

Suicide-Related Crimes in Contemporary European Criminal Laws

Crisis ◽  
1997 ◽  
Vol 18 (1) ◽  
pp. 35-47 ◽  
Author(s):  
Ilkka Henrik Mäkinen
Keyword(s):  
Suicide Prevention ◽  
Suicide Mortality ◽  
Legal Systems ◽  
Cultural Attitudes ◽  
Public Opinions ◽  
Suicide Rates ◽  
Narrow Scope ◽  
National Affair ◽  
Attitudes Towards Suicide ◽  
Special Circumstances

This article describes suicide-related penal legislation in contemporary Europe, and analyzes and relates the results to cultural attitudes towards suicide and to national suicide rates. Data were obtained from 42 legal entities. Of these, 34 have penal regulations which - according to definition - chiefly and directly deal with suicide. There are three main types of act: aiding suicide, abetting suicide, and driving to suicide. The laws vary considerably with regard to which acts are sanctioned, how severely they are punished, and whether any special circumstances such as the motive, the result, or the object can make the crime more serious. Various ideologies have inspired legislation: religions, the euthanasia movement, and suicide prevention have all left their mark. There are some cases in which neighboring legal systems have clearly influenced laws on the topic. However, the process seems mostly to have been a national affair, resulting in surprisingly large discrepancies between European legal systems. The laws seem to reflect public opinions: countries which punish the crimes harder have significantly less permissive cultural attitudes towards suicide. Likewise, suicide rates were significantly higher in countries with a narrow scope of criminalization and milder punishments for suicide-related crimes. The cultural and normative elements of society are connected with its suicide mortality.

Convergence of Corporate Governance Models

2004 ◽  
pp. 129-140 ◽  
Author(s):  
M. Tretyakov
Keyword(s):  
Corporate Governance ◽  
Institutional Environment ◽  
Driving Forces ◽  
Commodity Markets ◽  
Legal Systems ◽  
National Institutions ◽  
Governance Models ◽  
Changing Role

The article focuses on the analysis of the process of convergence of outsider and insider models of corporate governance. Chief characteristics of basic and intermediate systems of corporate governance as well as the changing role of its main agents are under examination. Globalization of financial and commodity markets, convergence of legal systems, an open exchange of ideas and information are the driving forces of the convergence of basic systems of corporate governance. However the convergence does not imply the unification of institutional environment and national institutions of corporate governance.

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