The Abiding Influence of English and French Criminal Law in One African Country: Some Remarks Regarding the Machinery of Criminal Justice in Cameroon

1981 ◽  
Vol 25 (1) ◽  
pp. 1-13
Author(s):  
Peter Bringer
Keyword(s):  
Legal System ◽  
African Country ◽  
Legal Systems ◽  
African Countries ◽  
Black African ◽  
Legal Development ◽  
The Sixties ◽  
The Common ◽  
State Of Affairs

The legal systems of the vast majority of the Black African countries can either be reckoned among the common-law family of English origin or the civil-law family in its French version. This is a result of Africa's colonial past; France and England ruled the lion's share of the continent as colonies and gradually transferred their own legal systems to their African possessions. By the time most African territories gained their independence in the sixties, the European legal systems had obtained a firm footing, albeit often still applicable only to a limited extent and in a modified version of the occidental model. After independence, practically all African states maintained the legal system imposed on them by their former colonial masters; since then, they have further developed their laws on the pattern of those legal systems. One effect of this evolving state of affairs, despite all national legal peculiarities, has been a strengthening of the basic adherence of African states to the English or French legal system. On the other hand, it has widened the gap between Anglophone and Francophone countries, at least as far as legal development is concerned. In view of both long-term political goals such as African unity, and also current intra-African relations, such as trade and administrative co-operation between the states, separate legal development in Africa might become a deplorable stumbling block.

scholarly journals Les interprètes japonais en Algérie

2002 ◽  
Vol 33 (1) ◽  
pp. 90-93
Author(s):  
Michihiro Nohara
Keyword(s):  
North Africa ◽  
North African ◽  
African Countries ◽  
Heavy Industry ◽  
Long Term Stability ◽  
The Sixties ◽  
Short And Long Term ◽  
Japanese Companies ◽  
North African Countries

Summary Since the end of the sixties, numerous Japanese contractors have been active in heavy industry work in Algeria and other North African countries. This has opened a large market for Japanese-French liaison interpreters. Such interpreters are hired by specialized agencies in Europe and Japan. With one or two exceptions, they are Japanese nationals. Most of them are young and have no previous experience as interpreters. Neither are they properly briefed before they are sent to the site, but they become proficient in their work with experience. Their tasks range from interpreting at various levels to translation and even participation in negotiations and report drafting. Material working conditions are comparatively good, but the duration of contracts is short and long-term stability of employment is uncertain. The precariousness of interpreting jobs and the temporary nature of the Japanese companies' contracting work in North Africa make this activity a provisional and highly volatile one. Japanese liaison interpreters in North Africa do not feel like professional interpreters and do not aspire to become professionals.

scholarly journals Pojedini aspekti građanskopravnog položaja udatih žena u srednjovjekovnoj Engleskoj

2021 ◽  
Vol 1 (2/2020) ◽  
pp. 38-61
Author(s):  
Milica Ristić
Keyword(s):  
Legal System ◽  
Justice System ◽  
Common Law ◽  
Married Women ◽  
Medieval England ◽  
Legal Capacity ◽  
Legal Systems ◽  
Basic Source ◽  
The Common ◽  
The Moment

The arrival of the Norman tribes in the territory of England inevitably meant the influence of the customs of these tribes on the formation of a new legal system, known as „common law”. Soon after, this system established the judicial precedent as the basic source of law, which made it significantly different from European continental legal systems. However, when it came to the position of women, the common law world was the same as the continental legal systems. It was the male world, as evidenced by the famous Blackstone’s thought that husband and wife are one, and that one is the husband. In the moment of marriage, the wife would lose her legal capacity, and her personality would be drowned in her husband’s power over her and her property. Considering many other restrictions on women’s rights that will be addressed in the paper, it is not surprising that widows enjoyed the best status in medieval England, mostly owing to the institute of dower. This injustice was corrected by the emergence of the justice system and especially the trust institute. This paper is dedicated to the stages of development of the rights of married women in medieval England from complete denial to their affirmation, and especially to the contribution of the institutions of equity law to that development.

scholarly journals Przesłanki oraz tryb pozbawienia właściciela prawa do lokalu w prawie polskim i niemieckim

2014 ◽  
pp. 7-39
Author(s):  
Aleksandra Sikorska-Lewandowska
Keyword(s):  
Common Property ◽  
German Law ◽  
Legal Systems ◽  
Legal Remedy ◽  
Legal Regimes ◽  
The Common ◽  
Polish Law

In Polish and also in German law a housing community is entitled to sue the owner of premises and demand their sale by public auction. In both legal systems a resolution must be taken by a housing community and then the case must be referred to court. Grounds for an action, in accordance with Polish law, are as follows: long-term default by the owner on the payment of charges due, flagrant or persistent offence against the applicable order of house rules, inappropriate behaviour that makes the use of other premises or the common property burdensome. Under German law, grounds for a claim may be breach of the obligations incumbent on an owner to other owners of premises in such a blatant way that one cannot expect them to continue to maintain community with him. In both legal regimes, that legal remedy is of a unique and final nature and, therefore, is used when other solutions have produced no effect.

ELI – Unidroit Model European Rules of Civil Procedure

2021 ◽  
Keyword(s):  
Legal System ◽  
Civil Procedure ◽  
International Institute ◽  
Private Law ◽  
European Law ◽  
Legal Systems ◽  
Common Thread ◽  
Cooperative Project

This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (UNIDROIT), dealing with civil procedure law. The long-term project began in February of 2014 and ended in February of 2020, concluding in an ELI-UNIDROIT Instrument. The volume consists of the ELI-UNIDROIT Instrument on the European Rules of Civil Procedure, which features Rules and accompanying comments. It explores the diverse traditions in Europe concerning civil procedure law and aims to find a common thread in them. Therefore, it not only considers the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of all legal systems.

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.

The Common Law Mind of George Barton

2012 ◽  
Vol 43 (1) ◽  
pp. 163
Author(s):  
Campbell McLachlan
Keyword(s):  
New Zealand ◽  
Legal System ◽  
Personal Experience ◽  
Common Law ◽  
Legal Reasoning ◽  
Legal Systems ◽  
International Human Rights ◽  
Progressive Development ◽  
The Common ◽  
International Human

Dr George Barton’s remarkable life in the law exemplified two themes of general lasting importance. The first is the need to ensure that, in its progressive development, the New Zealand legal system takes full advantage of its membership of the wider common law family of legal systems. McLachlan argues that this is not merely a matter of optional comparative reference, pursuing a vague notion of transnational law. Rather, consideration of other common law authority is integral to legal reasoning in New Zealand and essential if the New Zealand legal system is to avoid the risk of insularity. The second general theme is the contribution that New Zealand can make to the practical achievement of international human rights, particularly within the same family of legal systems. McLachlan develops these two linked themes by reference to his personal experience of working with Dr Barton on Commonwealth legal matters over the last 30 years.

scholarly journals Uniform Application of Law in Ethiopia: Effects of Cassation Decisions of the Federal Supreme Court

2014 ◽  
Vol 7 (2) ◽  
pp. 203-231 ◽  
Author(s):  
Hussein Ahmed Tura
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Common Law ◽  
Legal Systems ◽  
Application Of Law ◽  
Entire Country ◽  
Administrative Agencies ◽  
Lower Courts ◽  
The Common ◽  
Federal Supreme

The Ethiopian legal system has transplanted substantial elements from both Continental Law and Common Law legal systems. While the legal system is characterized by its reception of substantial rules from the Continental Law Legal System, there are some concepts transplanted from the Common Law legal system particularly incorporated in the procedural laws. Moreover, under Proclamation No. 454/2005, the interpretation of laws by the Cassation Division of the Federal Supreme Court (hereinafter Cassation Division) is made to have binding authority on all lower courts at all levels in the entire country. Although the Proclamation seems to introduce the doctrine of precedent, there is a debate as to whether what is introduced under the Proclamation amounts to a precedent system or not. Moreover, it is not expressly given whether judicial organs other than regular courts such as administrative agencies or tribunals, religious and customary courts are bound by the decision of the Cassation Division. The Proclamation also does not provide for the effects of overruling and preconditions to overrule previous decisions of the Cassation Division. The purpose of this article is to critically analyze the legal effects of the binding interpretation of law given at cassation by the Federal Supreme Court in the Ethiopian legal system.

Comparative Law and the Study of Mixed Legal Systems

2006 ◽  
pp. 476-512 ◽  
Author(s):  
Jacques Du Plessis
Keyword(s):  
Comparative Analysis ◽  
Common Law ◽  
Civil Law ◽  
Comparative Law ◽  
Legal Systems ◽  
Legal Development ◽  
European Context ◽  
The Common

Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, this label traditionally is only attached to those systems which represent a mix between the common law and the civilian tradition. This article focuses on what studies of mixed legal systems reveal about the broader comparative themes of the classification of legal systems, whether and how borrowing can take place, the quality of the law to which borrowing gives rise, the connection between civil law and the common law in the European context, and the role which language can play in comparative analysis and legal development.

scholarly journals Conceptual Adequacy in Legal Translation

2017 ◽  
Vol 13 (1-2 (17)) ◽  
pp. 155-164
Author(s):  
Nare Chobanyan
Keyword(s):  
Present Article ◽  
Legal System ◽  
Comparative Approach ◽  
Legal Systems ◽  
Common Assumption ◽  
Legal Translation ◽  
Legal Document ◽  
The Common

The aim of the present article is to provide an overview of the main difficulties encountered by legal translators, and work out some practical solutions so that the translator could provide an adequate translation in compliance with the norms of the target legal system. Legal translations raise very complex theoretical and practical problems and, therefore, an interdisciplinary comparative approach to the two legal systems and languages should be manifested by specialized translators. This study demonstrates that despite the common assumption that legal translations are literal, they may be translated differently depending on the context and aim of its translation. When translating a legal document, one is thus faced with the challenge of providing a translation that makes a legal as well as linguistic sense. Consequently, a translator can provide an accurate translation only if he/she has an understanding of the SL and the TL legal systems.

scholarly journals Conceptual Adequacy in Legal Translation

2018 ◽  
Vol 14 (1-2 (18)) ◽  
pp. 85-94
Author(s):  
Nare Chobanyan
Keyword(s):  
Present Article ◽  
Legal System ◽  
Comparative Approach ◽  
Legal Systems ◽  
Common Assumption ◽  
Legal Translation ◽  
Legal Document ◽  
The Common

The aim of the present article is to provide an overview of the main difficulties encountered by legal translators, and work out some practical solutions so that the translator could provide an adequate translation in compliance with the norms of the target legal system. Legal translations raise very complex theoretical and practical problems and, therefore, an interdisciplinary comparative approach to the two legal systems and languages should be manifested by specialized translators. This study demonstrates that despite the common assumption that legal translations are literal, they may be translated differently depending on the context and aim of its translation. When translating a legal document, one is thus faced with the challenge of providing a translation that makes a legal as well as linguistic sense. Consequently, a translator can provide an accurate translation only if he/she has an understanding of the SL and the TL legal systems.

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