Uma Soberania, Dois Sistemas Sociais, Trrs Tradiiies Jurrdicas: O Sistema Jurrdico De Macau E a Fammlia Romano-Germmnica (One Sovereignty, Two Social Systems, Three Legal Traditions: The Macau Legal System and the Roman-German Family of Legal Systems)

2011 ◽  
Author(s):  
Jorge A. F. Godinho
Keyword(s):  
Legal System ◽  
Social Systems ◽  
Legal Systems ◽  
German Family ◽  
Legal Traditions

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.

scholarly journals Comparison of Indonesian and Malaysian Legal Systems in Rules, Traditions, and Community Behavior

2021 ◽  
Vol 3 (1) ◽  
pp. 15-29
Author(s):  
Siti Zuliyah
Keyword(s):  
Legal System ◽  
Behavior Patterns ◽  
Legal Systems ◽  
Legal Process ◽  
Legal Traditions ◽  
Real Behavior ◽  
Legal Structures ◽  
The Law ◽  
Process Work ◽  
And Behavior

This article aims to compare the legal system in Indonesia with the legal system in Malaysia by looking at the similarities and differences between the two countries legal systems. In this paper, we use a normative juridical approach, which is to examine the laws and regulations as well as the attitudes and behavior patterns of citizens towards the law and legal system in force in a country based on secondary legal sources consisting of legislation and other related documents. The results of the discussion conclude that in general both Indonesia and Malaysia have similarities in terms of: (1) The structure of the highest judicial institution along with the judicial institutions below it as well as the implementing institutions of statutory regulations. (2) Regulations, rules and real behavior patterns in various fields of life of the citizens concerned. (3) Attitudes towards the law and the legal system of citizens are in the form of beliefs, values, awareness, ideas and hopes that make the legal process work. Meanwhile, specifically between Indonesia and Malaysia have differences due to: (1) Legal structures influenced by local or domestic and global legal traditions. (2) Legislative regulations whose formulation is influenced by local or domestic and global legal traditions. (3) The legal process runs according to the situation, conditions and problems faced by the country concerned.Keywords: Comparison of the legal system, the legal system in Indonesia, the legal system in Malaysia. 

Contemporary legal systems and their integrative classification

10.12737/1928 ◽  
2013 ◽  
Vol 1 (2) ◽  
pp. 76-80
Author(s):  
Алексей Саломатин ◽  
Alexey Salomatin
Keyword(s):  
Legal System ◽  
Functional Composition ◽  
Legal Systems ◽  
Typical Structure ◽  
German Family ◽  
The Status

The article considers typical structure of any legal system as a functional composition of a few subsystems. The author claims the thesis about uniqueness of any legal system but this nevertheless permits organizing legal systems into legal families. Integrative classification is suggested that takes into account interrelations between legal systems and families, not only similarities of their legal sources. The author agrees with classification based upon legal style as it is interpreted by K. Zwaigert and X. Koetz, but made some corrections to it. First of all attention is paid to branches of legal families (for example, English, American ones and the branch of the Commonwealth). Secondly, we must not mix Western and Non-western families even when we acknowledge interrelations between them and the fact of partial reception. In the end it is necessary to be very careful depicting the status of Russian legal system, remembering about its Byzantine and Slavic traditions and its transitional character nowdays. Future will show whether Russian legal system with the systems of neighboring countries will join Roman-German family or form autonomous Euroasian family.

scholarly journals Problemas para el Reconocimiento del Pluralismo Legał en America Latina

2004 ◽  
Vol 24 ◽  
pp. 55-66
Author(s):  
Wolfgand Gabbert
Keyword(s):  
Latin America ◽  
Legal System ◽  
Indigenous Communities ◽  
Short Description ◽  
Legal Systems ◽  
Legal Traditions ◽  
National Legal System ◽  
Two Systems ◽  
America Latina

Short description: The article is dedicated to the problem of traditional legal systems in the indigenous communities of Latin America, for example those in the Highlands of Mexico. These legal systems do not always originate from the pre-Hispanic period and on many occasions are more recent than national laws. They frequently cover same issues as the national legal system, which brings about the problem of overlapping legal traditions. The author explores if and how these two systems can co-exist together. Short description written by Michal Gilewski

scholarly journals Typologization of legal families: rethinking classification criteria and species composition

2021 ◽  
Author(s):  
T.V. Mikhailina ◽  
Y.V. Gotsulyak
Keyword(s):  
Species Composition ◽  
Legal System ◽  
Social Systems ◽  
Classification Criteria ◽  
Family Type ◽  
Modern World ◽  
Scientific Article ◽  
Legal Systems ◽  
Social Phenomena ◽  
Legal Ideology

The scientific article is devoted to rethinking the criteria for typologization of legal families and their species composition in the modern world. Based on the analysis, it is concluded that when unifying different approaches to the classification criteria for dividing legal systems into legal families, it is important to compare all the main elements of legal reality, since even the commonality of the main form of law (if there are differences in the applied legal ideology or the specifics of the implementation of law) will not become the basis for assigning certain legal systems to the same legal family. That is, the universality of the construction of the legal system type (legal family) consists in the plane verification of common features of the legal ideology, system of law and legal practice of various legal systems. Although it is quite obvious that there can not be absolutely identical features in the social phenomena of different social systems (meaning, different states), but a relative meaningful and formal community is nevertheless present. And it is precisely this relative commonality of all the basic elements of the legal system classical triad that makes it possible to speak about the assignment of two or more national legal systems to the same legal family (type of legal system). This approach will avoid fragmentation in the identification of classification criteria of the legal family. Attention is drawn to the fact that due to the processes of legal convergence, the boundaries of even relatively well-established legal systems are "blurred". Thus, in a Romano-Germanic family, discussions about the application of legal precedent begin at the doctrinal (and sometimes practical) level. And in the countries of Anglo-Saxon law, the role of legislation is growing. Also, more and more national legal systems are gradually moving to the category of convergent (mixed) systems, sometimes revealing completely unexpected combinations of features (for example, the socialist and religious or traditional legal system). Moreover, even the systems of so-called post-Soviet law, which include the legal system of Ukraine, are nothing more than an expression of the convergence of the Romano-Germanic legal family and the family of socialist law.

The Indian Legal System

2019 ◽  
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
Common Law ◽  
Legal Systems ◽  
Law System ◽  
Legal Traditions ◽  
System P ◽  
Common Law System

The contemporary Indian legal system owes its origin predominantly to the English common law system. Although this system ushered modernity in India, it has failed to perform optimally on several counts owing to its significant incompatibility with existing Indian traditions. Taking into account indigenously created and evolved legal apparatuses, this volume examines all aspects of the Indian legal system in the context of historical, sociological, and anthropological realities of society. The establishment and growth of common law in India introduced a certain kind of dominant legal apparatus, significantly transforming the understanding of India’s legal plurality. The existence, however, of multiple non-state legal traditions challenges the singular identity of the Indian legal system. Postulating that legal systems cannot be seen or studied in isolation from the cultures of groups whose affairs they regulate, The Indian Legal System explores the preference for non-state legal practices among several communities in India, despite the existence of a formal state legal system.

A Philosophical Perspective on the Regulation of Business

1998 ◽  
pp. 70-75
Author(s):  
Barbara Wendling
Keyword(s):  
Legal System ◽  
Modern Society ◽  
Legal Systems ◽  
Philosophical Perspective ◽  
Philosophical Foundations ◽  
Application Of Law ◽  
Legal Traditions ◽  
Anglo American ◽  
American Legal System ◽  
And Behavior

The paper compares the Anglo-American and continental legal systems in parallel with a comparison of the philosophical foundations for each. The defining philosophical distinction between the two legal traditions (viz., the Anglo-American system is predicated on idealism and the continental system on materialism) is shown to influence the way in which criminal justice is handled by the two systems as applied to citizens, and how this influence is carried across to the regulation of business as applied to corporations. The idealistic (possibly theological) worldview inherent in the Anglo-American legal system explains its moral presumptions regarding human freedom, dignity, and responsibility, while the materialist worldview inherent in the continental legal systems explains its amoral assumptions about human motivations and behavior. I suggest that while the Anglo-American legal system may be justified in its moral philosophical presumptions as applied to citizens, the continental legal system, with its amoral assumptions, more accurately reflects corporations than citizens. Understanding how the philosophy behind the two legal systems influences the application of law in modern society can lead to improvements in public policy.

scholarly journals Private law in Vojvodina between two world wars: Heritage for European future

2008 ◽  
pp. 9-20 ◽  
Author(s):  
Dusan Nikolic
Keyword(s):  
Legal System ◽  
United States Of America ◽  
Common Law ◽  
The United States ◽  
Private Law ◽  
Legal Systems ◽  
Global Integration ◽  
Legal Traditions ◽  
American Law ◽  
Anglo American

This article represents an overview of different legal cultures. Author compares pluralistic legal systems, concomitant to Eastern societies, with monistic legal systems typical for Western civilizations. This article demonstrates the convergence of different legal traditions as the result of regional and global integration processes. Special attention has been given to Western legal culture. In this respect, the author analyzes fundamental features of European continental law, created by legislature, and of Anglo-American law primarily formed by judiciary. European Union has been in search for a medium solution. The aim is creating a combined legal system which would include both models of law. Such combined legal systems have existed in Scotland (United Kingdom), Quebec (Canada), Louisiana (The United States of America), and South Africa. However, it has not been well known that a similar combined legal system existed in Vojvodina between two world wars. This legal heritage, in the opinion of the author, could serve as a model for creating a new ius comunae europaeum. This model represents the evidence of a successful fusion of legisla?tive (parliamentary) law and common law. In 2005 Matica Srpska launched the research project 'Private Law in Vojvodina between Two World Wars' in order to present this legal heritage nationally and inter?nationally. This Collection of Papers displays preliminary results of this research.

scholarly journals From Norms to Facts: The Realization of Rights in Common and Civil Private Law

2011 ◽  
Vol 56 (1) ◽  
pp. 77-114 ◽  
Author(s):  
Helge Dedek
Keyword(s):  
Legal System ◽  
Deep Structure ◽  
Common Law ◽  
Social Reality ◽  
Judicial Decision Making ◽  
Legal Traditions ◽  
The United Kingdom ◽  
The Common ◽  
Legal Concepts ◽  
The Ideal

Every legal system that ties judicial decision making to a body of preconceived norms has to face the tension between the normative formulation of the ideal and its approximation in social reality. In the parlance of the common law, it is, more concretely, the remedy that bridges the gap between the ideal and the real, or, rather, between norms and facts. In the common law world—particularly in the United Kingdom and the Commonwealth—a lively discourse has developed around the question of how rights relate to remedies. To the civilian legal scholar—used to thinking within a framework that strictly categorizes terms like substance and procedure, subjective right, action, and execution—the concept of remedy remains a mystery. The lack of “remedy” in the vocabulary of the civil law is more than just a matter of attaching different labels to functional equivalents, it is the expression of a different way of thinking about law. Only if a legal system is capable of satisfactorily transposing the abstract discourse of the law into social reality does the legal machinery fulfill its purpose: due to the pivotal importance of this translational process, the way it is cast in legal concepts thus allows for an insight into the deep structure of a legal culture, and, convergence notwithstanding, the remaining epistemological differences between the legal traditions of the West. A mixed jurisdiction must reflect upon these differences in order to understand its own condition and to define its future course.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

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