Comparative Legal System: Authority, Sources, and Classifications

This essay provides a comprehensive overview of comparative legal systems, delving into their classifications, sources of authority, and historical development. It begins by defining comparative law and its significance in internationalism, democratization, and economic globalization, highlighting its roots in comparative approaches and methodologies. The essay then explores various classifications of legal systems, including French, German, English, Islamic, and Hindu law, emphasizing the role of culture, religion, and custom in shaping these systems. It examines the utility of comparative law in adopting foreign legal theories and introduces different approaches for solving legal issues. The essay further discusses the role of jurisprudence in comparative legal systems, including the perspectives of John Austin and the impact of European law, Hindu law, and Sharia law. It analyzes the influence of political thinkers and the objectives of comparative law, such as harmonization and unification of laws, and concludes by emphasizing the importance of understanding legal systems in a global context. The essay also highlights the differences in legal systems based on religious and cultural beliefs and explores the interplay of various legal families like Romanistic, Germanic, and Common law, and the role of mixed legal systems.

Running head: COMPARATIVE LEGAL SYSTEM
Comparative Legal System
Name of the Student
Name of the University
Author Note

1COMPARATIVE LEGAL SYSTEM
The sources and purposes of authority in three of the legal systems
The Comparative law is defining a study where it makes several differences between the
different laws in different countries1. It describes the legal system where it make the
establishments of the existing law which helps in the internationalism, democratization and
economic globalization. It has been mainly originated from the different comparative law of
aspects along with the comparative approaches which helps to develop the different kinds of
comparative methodologies2.
It makes the contribution not only the Judicial System but also make the impacts of the
international law which make the legal history, philosophy and anthropologies. It also highlights
the parts which helps to classifies or methods of the law with more unified historical, practical
and cultural perspectives3. It sometimes signifies as the comparative theories rather than
comparative law in the judicial systems. The comparative law is the part of the reorientation of
the legal theories which describes the rules and concepts of the legal systems along with the
social orders4. Therefore the comparative law is one of the important part in the legal systems
where it helps to control the universal system of law and make the source of inspiration to all
people the jurisprudence of comparative legal system is define the parative perspective of the
judicial system5. It makes the development of comparative law as per the sense of jurisprudence
in the legal theory of common law6. The jurisprudence is the part of comparative law which
1 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 and
research. Vol. 1. CUP Archive, 2015.

2COMPARATIVE LEGAL SYSTEM
makes it useful to introduce natural laws of legal development where it make the dynamic
confrontation in the transnational, International or common law for establish the relation between
law and the society7.
Therefore not particularly distinction is approachable for the legal system for
comparative law make the contract with a particular group of law which extract from foreign
system or the methods which are selective disciplines of legal theory which includes legal
history8 legal Anthropology the sociology of law political science along with the creative
discipline of international law9. Therefore it only concern with the perspective and subjective
method between various legal systems10. According to Pollock the comparative law can we
define as the study of primitive law speech basically make no difference between different legal
studies but helps to make the comparison as per the historical jurisprudence which applicable in
Universal principles in the development of the law. According to Maine’s famous dictum the
comparative law in jurisprudence that it helps to make the societies more progressive according
to the movement from status to contract11. In Plato to Montesquieu words the comparative law
Hills only two establishes the difference between the modern practice of application of
comparative method where it only difference according to their idealistic and metaphysical
historical 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 and
research. Vol. 1. CUP Archive, 2015.
12 Mattila, Heikki ES. Comparative legal linguistics: language of Law, Latin and modern lingua francas. Routledge,
2016.

3COMPARATIVE LEGAL SYSTEM
Therefore the law define the essential tool which help to change the social society and
recognize the different role of the people which may social political model economics according
to 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 for
site for third circumspection13. According to the comparative legal system there are several
classification of laws are available in the judicial system. It has been divided in various groups
where 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 the
law the judicial system also make the implication particular of the legal system where it only
applicable for those group of people. They only believe on such laws, customs and culture where
the legal system has help to regulate such customs15. Therefore there is not only one legal system
but 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 methods
which could be approachable or theoretically different from each other17. The approaches of the
legal system are applicable for solving issues where it makes the disadvantages of tending to
equate unequally18. It also prepared the rules for defining positive legal orders where it was
compared between the different legal systems which are the only approaches that generate it
theoretically ways19. Now, the utility of comparative law not only leads the foreign adoptions
13 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.

4COMPARATIVE LEGAL SYSTEM
theories but also introduced a variety of solution that has existence in the real worlds. The is a
decision making process which make the theories along with the implication of the sociological,
historical and philosophical according to the process of constitution. it always highlights on the
doctrine, social function, adopting law and many more it also make the function of the law where
it necessary as per the perspective of the law methods20. Therefore the assumption on the legal
aspect helps to build the concepts of law where the Jurisprudence of the Comparative legal
systems works according to the limitation of the law of force which helps to form the law
according to the historical and philosophic sense21.
As per the study of the comparative law, it helps to analysis the branches of laws
where it identifies the similarities and differences. The law and the legal system make its a broad
sense of Aristotle’s Politics22. There are several of politics has been found while the legal system
formed the laws. Several analyses have been fond as per the political thinker, from Machiavelli
to Montesquieu to John Stuart Mill. All of the political frames in the legal system have been
formed for the resolve of the constitution problems where it has been found that Montesquieu’s
foundational exploration, Gottfried Achenwall and Johann Heinrich Gottlieb von Justi has
applied several legal aspects according to the political perspectives23. It sets several particular
aims in the object which includes:
 The distinctions between the short -term objectives, medium-term objectives and
long-term objectives24
20 Chander, Harish. "010_Outlines of Ancient Hindu Jurisprudence (1989)." (2015).
21 Priban, Jiri. Liquid society and its law. Routledge, 2016.
22 Sankari, Suvi. The many constitutions of Europe. Routledge, 2016.
23 El Fadl, Khaled Abou. Speaking in God's name: Islamic law, authority and women. Oneworld Publications, 2014.
24 Chander, Harish. "010_Outlines of Ancient Hindu Jurisprudence (1989)." (2015).

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 The comparative law also helps in the extrapolation and identification of basic
principles in the legal systems25.
 Harmonization and unification of laws in the objectives terms also make the basic
principle in the judicial system through the application of Jurisprudence26.
The limitation of laws helps to analysis the laws in the society which is helpful in the
application. The social problems and other basis problems also helps to implicate the
understanding the law where technically or by the structures it is not worthy to applicable in the
legal systems. It is important to know and understands the basic norms of the responses where it
helps to create a perfect international uniform of laws. The cultural comparison is referred as one
of the basis legal studies where it consist the legal systems and the institution and developments
in the legal systems27. The cultural difference is another important part in the legal system where
the legal systems helps to legalize the legal systems and legal institution which make the
expression and the developments as per the general cultures of the society where it make the
differences between the civil and the common law28.
The religion is another system where the communities consider the legal aspects where it
includes Christianity, Hindu law, Jewish law Australian law and Aboriginal law. The
parliamentary legislations help to form the laws which are applicable in the courts which
depends on the several cultural and religion beliefs. The religion laws in attached with the
different phenomenon where it considers the compatible approaches and helps to discovers the
similarities at the interference of the Juris29. Like the Atheist and the Christian both agree not to
25 Blauberger, Michael. "National responses to European Court jurisprudence." West European Politics 37.3 (2014):
457-474.
26 Sankari, Suvi. The many constitutions of Europe. Routledge, 2016.
27 Priban, Jiri. Liquid society and its law. Routledge, 2016.
28 Blauberger, Michael. "National responses to European Court jurisprudence." West European Politics 37.3 (2014):
457-474.
29 Sankari, Suvi. The many constitutions of Europe. Routledge, 2016.

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murder, and both agree with anti-murder laws, but each does so for very different reasons30.
Therefore it can be stated that as per the law of the religions it completely different from each
other31. The other different kinds of legal aspects have been identified in the Aboriginal religion
and Christianity or Judaism and Islam. Therefore, the legal systems have based on the different
kinds of cultures32.
According to the cultures of different groups the law the law and jurist systems helps to
characterize the law systems like Roman Justinian Corpus Juris and the medieval Canon Law
make different kinds of legal systems33. According to the French Revolution it also makes the
proclamation of republican and secular values of liberte, fraternite and equalite where it is
important to communicate34. The Napoleonic dominance helps to understand the different legal
systems in the Europe were it make the Civil Law Code system ad implicated in the Spain, Italy,
Romania and the Benelux countries. It also helps to application of the legislations in the
Allegemanes Burgerliches Gesetzbuch which is related with the German Civil Law35.
In some countries various mixed legal systems are also identified in the Civil and
Common law. In most of the cases it applicable as the uncodified was according to the law and
customs with different perspective of the legal systems. It depends on the the Roman-Dutch law
of South Africa, Zambia, Namibia, Lesotho, Swaziland, Botswana and, on the other side of the
ocean, Sri Lanka36. Every legal system is completely secular because they are based on the
religious law like Islamic law and Talmudic law37. In most the Islamic Countries it depends on
30 Chakraborty, N. R. "36_Jurisprudence of Hindu Adoptions (1987)." (2016).
31 Chander, Harish. "010_Outlines of Ancient Hindu Jurisprudence (1989)." (2015).
32 Chander, Harish. "010_Outlines of Ancient Hindu Jurisprudence (1989)." (2015).
33 Priban, Jiri. Liquid society and its law. Routledge, 2016.
34 El Fadl, Khaled Abou. Speaking in God's name: Islamic law, authority and women. Oneworld Publications, 2014.
35 Blauberger, Michael. "National responses to European Court jurisprudence." West European Politics 37.3 (2014):
457-474.
36 El Fadl, Khaled Abou. Speaking in God's name: Islamic law, authority and women. Oneworld Publications, 2014.
37 Sankari, Suvi. The many constitutions of Europe. Routledge, 2016.

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religious aspects and make the aspects on the basis of duel legal system. Some important
examples are is Pakistan, whose 1935 Constitution was based on the Government Act of India,
providing an English Common Law system, which was also incorporated in the post-
independence Constitution of 1947. This secular system of government, is however,
supplemented by Sharia Law38. Therefore the legal system depends on the religious perspectives
for the formation of the law39. In the Hindu Legal system it mainly finds in the India, Myanmar,
Nepal, Pakistan, Malaysia and parts of East Africa where the Hindu customs and laws has been
derived from the perspective of the secular legal system. In the different legal system it also help
to characterized variety of development, mode of legal thought, distinctive institutions,
recognized legal sources, and ideologies which includes the Romanistic family, Germanic
family, Nordic family, Common law family, Law of the Peoples Republic of China, Japanese
law, Islamic law and Hindu law40.
According to the aspects of Jurisprudence the aspects of judicial systems has completely
different in the descriptive or analytical ways. John Austin has describes such aspects in his book
‘Province of Jurisprudence Determined’. In this book he has mentioned that the descriptive
judicial systems has no boundaries in the concerned judicial system whereas, the analytical
jurisprudence helps to analysis on the basis of neutral viewpoint where the law and morality
make the interferences41.
The European Law mainly depends generated in the Civil law, civilian law, or Roman
law where it derived from the Corpus Juris Civils but mainly oriented by the Napoleonic,
Germanic, canonical, feudal, and local practices and depends on the natural law, codification and
38 Chander, Harish. "010_Outlines of Ancient Hindu Jurisprudence (1989)." (2015).
39 Chakraborty, N. R. "36_Jurisprudence of Hindu Adoptions (1987)." (2016).
40 Priban, Jiri. Liquid society and its law. Routledge, 2016.
41 Chander, Harish. "010_Outlines of Ancient Hindu Jurisprudence (1989)." (2015).

8COMPARATIVE LEGAL SYSTEM
other legal positivism. The statues, principles and abstraction of the European legal system
generalize according to the socialistic legal systems which is completely different from the
Hindu Law and Sharia Law. 42It also makes the implications on the basis of the customary laws
and different cultures where basically people speak in English. Not only the European law but it
also included the Common law, Islamic law, Halakha, and Canon law43. Most of the cases the
civilian countries have been divided on the living law and other uncodified laws. The mixed laws
are also available in the codified on the legal systems. It has been also stated that most of the
codified laws are added by the influencing foreign laws which are the part of the European Legal
systems44.
The Hindu law has been oriented from the different legal theory, jurisprudence and
philosophical reflections on the nature of law which has been found in ancient and medieval era
Indian texts45. It is one the oldest jurisprudence system in the world. It has a large colonial
construction where it has emerged with the British colonial officials, that European common law
system. The aspects of Hindu law are mainly applicable for the Hindus, Buddhists, Sikhs, Jains,
Parsis46. According to the ancient history it has been derived from the oldest mythological
elements has been found in the Dharmaśāstra named Manusmriti where various treaties has been
metioned which known as Dharma (sastra). Most of the Hindu laws are derived from such
dharmas where it helps to construct and implemented the colonial eras of Hindu Law. However,
it has developed gradually from many decades which make the perspective more clear and
42 Blauberger, Michael. "National responses to European Court jurisprudence." West European Politics 37.3 (2014):
457-474.
43 Sankari, Suvi. The many constitutions of Europe. Routledge, 2016.
44 Priban, Jiri. Liquid society and its law. Routledge, 2016.
45 Chakraborty, N. R. "36_Jurisprudence of Hindu Adoptions (1987)." (2016).
46 Chander, Harish. "010_Outlines of Ancient Hindu Jurisprudence (1989)." (2015).

9COMPARATIVE LEGAL SYSTEM
helpful for the society47. Outside of the Hindu law the implication has been found through the
different theories and perspectives in the aspects of the cultures and regions of the Dharma. 48
The Islamic Law which is also known as Sharia Law has been formed according to the
basis of religious traditions which has been known as the perspective of the Islam and derived
from the Quran and Hadith49. The Islam cultures believes that the God is the ultimate and and
only divine law which is corporate with fiqh and helps in the interpretation on the human’s
perspective of laws50. The Islam law has the Jurisprudence which depends on the four sources
Quran, Sunnah,Qiyas and Ijma where they has their own school of Islamic law like Hanafi,
Maliki, Shafi'i, Hanbali and Jafari. The Islamic law is known as the Traditional Jurisprudence as
per the other laws in the world where it is completely different natures as per the perspectives of
other judicial system in the world51.
Therefore it can be concluded that the world has made different kinds of law of natures
where all of the laws somehow applicable on the different aspects of nature but some has the
most common sources of law.
47 El Fadl, Khaled Abou. Speaking in God's name: Islamic law, authority and women. Oneworld Publications, 2014.
48 Sankari, Suvi. The many constitutions of Europe. Routledge, 2016.
49 El Fadl, Khaled Abou. Speaking in God's name: Islamic law, authority and women. Oneworld Publications, 2014.
50 Chakraborty, N. R. "36_Jurisprudence of Hindu Adoptions (1987)." (2016).
51 Priban, Jiri. Liquid society and its law. Routledge, 2016.

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11COMPARATIVE LEGAL SYSTEM
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