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LWZ112 Comparative Legal Systems Report
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Charles Darwin University
Comparative Legal Systems (LWZ112)
Added on 2020-02-18
LWZ112 Comparative Legal Systems Report
Charles Darwin University
Comparative Legal Systems (LWZ112)
Added on 2020-02-18
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Running head: COMPARATIVE LEGAL SYSTEMComparative Legal SystemName of the StudentName of the UniversityAuthor Note
1COMPARATIVE LEGAL SYSTEMThe sources and purposes of authority in three of the legal systemsThe Comparative law is defining a study where it makes several differences between thedifferent laws in different countries1. It describes the legal system where it make theestablishments of the existing law which helps in the internationalism, democratization andeconomic globalization. It has been mainly originated from the different comparative law ofaspects along with the comparative approaches which helps to develop the different kinds ofcomparative methodologies2.It makes the contribution not only the Judicial System but also make the impacts of theinternational law which make the legal history, philosophy and anthropologies. It also highlightsthe parts which helps to classifies or methods of the law with more unified historical, practicaland cultural perspectives3. It sometimes signifies as the comparative theories rather thancomparative law in the judicial systems. The comparative law is the part of the reorientation ofthe legal theories which describes the rules and concepts of the legal systems along with thesocial orders4. Therefore the comparative law is one of the important part in the legal systemswhere it helps to control the universal system of law and make the source of inspiration to allpeople the jurisprudence of comparative legal system is define the parative perspective of thejudicial system5. It makes the development of comparative law as per the sense of jurisprudencein the legal theory of common law6. The jurisprudence is the part of comparative law which1 Chander, Harish. "010_Outlines of Ancient Hindu Jurisprudence (1989)." (2015).2 Mattila, Heikki ES. Comparative legal linguistics: language of Law, Latin and modern lingua francas. Routledge,2016.3 Glendon, Mary Ann, Paolo Carozza, and Colin Picker. Comparative legal traditions in a nutshell. West Academic,2015.4 Blauberger, Michael. "National responses to European Court jurisprudence." West European Politics 37.3 (2014):457-474.5 Mattila, Heikki ES. Comparative legal linguistics: language of Law, Latin and modern lingua francas. Routledge,2016.6 Gutteridge, Harold Cooke. Comparative law: an introduction to the comparative method of legal study andresearch. Vol. 1. CUP Archive, 2015.
2COMPARATIVE LEGAL SYSTEMmakes it useful to introduce natural laws of legal development where it make the dynamicconfrontation in the transnational, International or common law for establish the relation betweenlaw and the society7.Therefore not particularly distinction is approachable for the legal system forcomparative law make the contract with a particular group of law which extract from foreignsystem or the methods which are selective disciplines of legal theory which includes legalhistory8 legal Anthropology the sociology of law political science along with the creativediscipline of international law9. Therefore it only concern with the perspective and subjectivemethod between various legal systems10. According to Pollock the comparative law can wedefine as the study of primitive law speech basically make no difference between different legalstudies but helps to make the comparison as per the historical jurisprudence which applicable inUniversal principles in the development of the law. According to Maine’s famous dictum thecomparative law in jurisprudence that it helps to make the societies more progressive accordingto the movement from status to contract11. In Plato to Montesquieu words the comparative lawHills only two establishes the difference between the modern practice of application ofcomparative method where it only difference according to their idealistic and metaphysicalhistorical perspective12. 7 Glendon, Mary Ann, Paolo Carozza, and Colin Picker. Comparative legal traditions in a nutshell. West Academic,2015.8 Chander, Harish. "010_Outlines of Ancient Hindu Jurisprudence (1989)." (2015).9 Blauberger, Michael. "National responses to European Court jurisprudence." West European Politics 37.3 (2014):457-474.10 Priban, Jiri. Liquid society and its law. Routledge, 2016.11 Gutteridge, Harold Cooke. Comparative law: an introduction to the comparative method of legal study andresearch. Vol. 1. CUP Archive, 2015.12 Mattila, Heikki ES. Comparative legal linguistics: language of Law, Latin and modern lingua francas. Routledge,2016.
3COMPARATIVE LEGAL SYSTEMTherefore the law define the essential tool which help to change the social society andrecognize the different role of the people which may social political model economics accordingto the circle of our life the term jurisprudence has taken from the Latin word ‘jurisprudentia:juris’ which means law and applicable according to the prudence which include discussion forsite for third circumspection13. According to the comparative legal system there are severalclassification of laws are available in the judicial system. It has been divided in various groupswhere it includes the French group, Napoleonic code civil, German Group, Scandinavian group,English Group, Russian Group, Islamic Group and Hindu Group14. In those classification of thelaw the judicial system also make the implication particular of the legal system where it onlyapplicable for those group of people. They only believe on such laws, customs and culture wherethe legal system has help to regulate such customs15. Therefore there is not only one legal systembut so many. Each and every laws are different according to their customs, law, cultures,believes and aspects of legal cultures16.However, the comparative laws are believed on the way of rehire own law methodswhich could be approachable or theoretically different from each other17. The approaches of thelegal system are applicable for solving issues where it makes the disadvantages of tending toequate unequally18. It also prepared the rules for defining positive legal orders where it wascompared between the different legal systems which are the only approaches that generate ittheoretically ways19. Now, the utility of comparative law not only leads the foreign adoptions13 Glendon, Mary Ann, Paolo Carozza, and Colin Picker. Comparative legal traditions in a nutshell. West Academic,2015.14 Priban, Jiri. Liquid society and its law. Routledge, 2016.15 Chander, Harish. "010_Outlines of Ancient Hindu Jurisprudence (1989)." (2015).16 Blauberger, Michael. "National responses to European Court jurisprudence." West European Politics 37.3 (2014):457-474.17 Chander, Harish. "010_Outlines of Ancient Hindu Jurisprudence (1989)." (2015).18 Sankari, Suvi. The many constitutions of Europe. Routledge, 2016.19 El Fadl, Khaled Abou. Speaking in God's name: Islamic law, authority and women. Oneworld Publications, 2014.
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