Jurisdictional Interoperability— the Path Forward (for Now)

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
Legal System ◽  
Law Reform ◽  
The Internet ◽  
International Agreement ◽  
Legal Systems ◽  
The Road ◽  
History Of ◽  
Network Of Networks

This chapter draws conclusions from the previous chapter on the history of Internet jurisdiction and suggests that the most appropriate path forward at this stage is to focus our attention on the concept of ‘jurisdictional interoperability’ as a part of ‘legal interoperability’. In other words, rather than vainly hoping for law reform in the shape of an all-encompassing international agreement overcoming the problems of Internet jurisdiction, we must accept that the road ahead will instead be travelled by many thousands of small steps. Just as the Internet is a successful network of networks, the mid-term solution to the jurisdictional issues online will be found in what one can see as a legal system of legal systems—a system in which domestic legal systems operate smoothly together with a minimum of inconsistencies and clashes.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

scholarly journals The Legal Pluralism in Law Education in Indonesia

2021 ◽  
Vol 4 (1) ◽  
pp. 1-5
Author(s):  
Rahmat Bin Mohamad ◽  
I Wayan Rideng
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Social Issues ◽  
Legal Pluralism ◽  
Legal Culture ◽  
Legal Systems ◽  
Legal Compliance ◽  
Normative Study ◽  
History Of ◽  
The Many

This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach policy enables the growth and the development of various legal systems. By the prevailing of the pluralism of legal system apparently also raises the problem in its application. But in reality, various living legal systems can co-exist. The method applied is based on normative study, with qualitative approach. The result shows that the legal system that pluralism is very influential on the development of education, including law education. Law education in Indonesia is also influenced by the history of Indonesia. The new pattern of law education in Indonesia can only lead people to an obedience and legal compliance. Legal education is not an independent thing, but it is related to social issues. So it has implications for the many violations of law and the emergence of criminal acts. This shows the level of legal awareness of the community is still low. Then it will also affect the legal culture and law enforcement in a country.  

Tracing the History of the Legal System in India

2019 ◽  
pp. 1-22
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
Legal History ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
Medieval Period ◽  
British Raj ◽  
Legal Traditions ◽  
History Of ◽  
The Law

Examination of Indian legal history illustrates the presence of multiple legal orders that coexisted in India through the ages. Moreover, certain ‘modern’ conceptions of law were present in similar forms in India before the medieval period, contrary to Western assumptions. Largely ignoring these legal traditions, the British attempted to re-give law and legal systems to the Indians. This was part of the larger project of ideologically justifying the presence of the British Raj in India. The British used India’s extant legal diversity to argue for the lack of a dominant legal tradition, leading to the introduction of British common law as the law of the land.

The Scope for Uniform National Laws in Cameroon

1991 ◽  
Vol 29 (3) ◽  
pp. 443-456 ◽  
Author(s):  
Charles Manga Fombad
Keyword(s):  
Legal System ◽  
Legal Systems ◽  
Colonial Era ◽  
History Of

Cameroon like most formerly colonised countries in African has, since independence and re-unification, grappled with a Danaidean task in attempting to develop a modern legal system that takes account of its heritage and present conditions, as well as its socio-economic and political needs. If the history of African legal systems reflects the difficulties encountered in framing national laws derived from customary and foreign laws introduced during the colonial era, these are even more serious in Cameroon where, because of its complicated colonial past, two potentially divergent foreign legal systems have struggled for supremacy in determining the nature and content of its new uniformised laws. Now in its third decade of independence, and with the two former British and French parts united politically, the goal of legal unity seems to be regarded as a logical sequitur.

2. The network of networks

2019 ◽  
pp. 22-36
Author(s):  
Andrew Murray
Keyword(s):  
Computer Networks ◽  
The Internet ◽  
Net Neutrality ◽  
Research Projects ◽  
The Third ◽  
History Of ◽  
Hypertext Transfer Protocol ◽  
Web Surfing ◽  
Network Of Networks ◽  
Transfer Protocol

This chapter traces the history of the internet, sometimes called the network of networks. It first looks at the origins of computer networks, beginning with the introduction of the Advanced Research Projects Agency Network or ARPANET, followed by the ALOHANET and the SATNET. The chapter then outlines the development of the internet that began when Bob Kahn built an Internetwork Protocol and also explains how the modern internet functions, along with net neutrality. Finally, it considers the third network layer, the applications layer where higher-level protocols such as Hypertext Transfer Protocol make it possible to carry out operations such as web surfing.

scholarly journals The legal system for horse protection in ancient China

2021 ◽  
Vol 12 (3) ◽  
pp. 28-42
Author(s):  
Lihong Gao ◽  
Da Su
Keyword(s):  
Animal Welfare ◽  
Legal System ◽  
Good Life ◽  
Legal Framework ◽  
Legal Systems ◽  
Ancient China ◽  
Animal Protection ◽  
Ecological Awareness ◽  
The Face ◽  
History Of

The concept of "animal welfare" originated relatively recently and refers to fulfilling the basic needs of animals to avoid unnecessary suffering. However, in ancient China, ecological awareness similar to current “animal welfare” had already been awoken and codified in the form of a series of legal systems, among which were specific regulations for horses that entailed giving them a good life, as well as a series of “animal welfare” regulations more in line with the current sense, such as not hitting them in the face, nor using genetically related horses for breeding. This paper analyses the current legal framework of animal protection to trace the legal system on horse protection throughout the history of China.

Introduction

2020 ◽  
pp. 1-12
Author(s):  
Klimchuck Samet
Keyword(s):  
Legal System ◽  
Common Law ◽  
Philosophical Analysis ◽  
Legal Systems ◽  
History Of ◽  
Moral Dimensions ◽  
The Law

This introductory chapter provides an overview of this book’s study of the history of equity. In his celebrated Lectures on Equity, FW Maitland famously declared that all that could be said in answer to what is distinctive of the law of equity is that it comprises ‘that body of rules administered by our English courts of justice which, were it not for the operation of the Judicature Acts, would be administered only by those courts which would be known as Courts of Equity’. If Maitland was right, then there is no reason to think the law of equity names something about which there could be philosophical foundations. The contributors to this volume share, for the most part, and in various degrees, the view that Maitland was wrong. Since at least the time of Aristotle, equity has captured the interest of philosophers, and that fascination continues today. As equity’s place in the legal system continues to evolve, equity’s correction of the law, equity’s distinctiveness, and equity’s moral dimensions will continue to remain central questions. Philosophical analysis of these aspects of equity in general and equity in common law legal systems promises to help in understanding and better shaping these developments.

Part I General Principles, 4 Comparative Law and its Relevance to Transnational Commercial Law

2015 ◽  
Keyword(s):  
Legal System ◽  
Comparative Law ◽  
Legal Systems ◽  
Commercial Law ◽  
History Of

Comparative law plays a key role in the harmonisation of commercial law. This chapter outlines the history of comparative law and the classification of legal systems and goes on to examine the aims of comparative law, with particular reference to the enhancement of an understanding of one's own legal system, the development of transnational commercial law and the role of comparative law in transnational practice. A key part of the chapter is devoted to the purpose and methodology of comparative law. Is the objective to find common solutions or best solutions? Should the approach be formal or functional? The chapter concludes with a discussion of the problems confronting the comparative lawyer: the pitfalls of comparison, the effectivess or otherwise of legal transplants and the extent to which all those engaged in the work of harmonisation can realistically be expected to to be fully equipped as comparative lawyers.

Historicizing the Dual Categorization of the General Principles of Law by the ILC

2020 ◽  
Vol 10 (2) ◽  
pp. 187-195
Author(s):  
Md Tabish EQBAL
Keyword(s):  
Advisory Committee ◽  
Legal System ◽  
Legal Framework ◽  
Legal Systems ◽  
International Court ◽  
History Of ◽  
General Principles Of Law ◽  
International Legal System

Abstract“Draft conclusion 3” of the first ILC report on the “general principles of law” expounds on two categories: general principles of law derived from national jurisdictions and those formed within the international legal system. This paper explores the drafting history of Article 38(1)(c) of the ICJ's Statute to investigate whether the Advisory Committee of Jurists, entrusted to frame a statute for the international court, had conceived the idea that, apart from domestic legal systems, the international legal framework could form general principles of law, or whether they were reluctant to endorse such an open-ended formulation which would give more liberty to judges to apply these principles as per their whims and fancies. The paper argues that the dual categorization of the general principles of law by the ILC has no substantive roots in the preparatory history of the ICJ's Statute and therefore it is purely an innovation by the ILC.

scholarly journals Comparison Of Legal System: Islamic Law System, Civil Law, and Common Law

2018 ◽  
Vol 5 (2-1) ◽  
Author(s):  
Asasriwarnia Asasriwarnia ◽  
M. Jandra
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Human Life ◽  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
Law System ◽  
Legal Method ◽  
History Of ◽  
Wide Definition

This paper will discuss the comparison of Islamic legal system, civil law, and common law. Knowing the comparison is important. This method is very appropriate considering that the legal system has its own character and scope. The questions of this study are: (1) how is the comparison concept of legal systems; (2) how was the comparison of legal systems’ source; (3) how was the comparison of its history and (4) the comparative material of law content. The purpose of this study is to reveal the concepts of legal systems comparison; the comparison of its source, history and the material comparison of law system’s content. This study use normative legal method. The results of this study are: (1) the concept of legal system comparison is defined by the similarities and difference on the collection of law elements. The needs of legal systems comparison are grouped into scientific needs and practical needs; (2) the comparison of legal system source is that the source of Islamic legal system, civil law, and common law has similarity in the effort of legal discovery. (3) The comparison of the history of legal system have similarities in growth and development influenced by the traditions of human life from one generation to the next generation in wide definition. (4) Comparison of the content of law system have similarities that all aspects of human life is generally regulated by law. In this context Islamic law is comprehensively regulate various aspects of human life including the relationship with the universe, the Lord and the hereafter.

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