Legal traditions and comparative law

Papalaw and legal traditions

First lecture 24/09/2018

Legal tradition is at the base of legal systems. Legal in Italian means "written law". Taxonomy (nomos means law, whilst canon means right).

There are 187 states in the world and each state has its own legal system; for example, in Congo there are more than 8000 and in the US there are as many as the states.

Different legal systems in the world

• Civil law - European Union, Russia, South America
• Common law - North America, Australia, New Zealand
• Customary law - India, some countries in Africa
• Islamic law and derivates
• Roman law system

Nevertheless, all of these have something in common: (civil law).

Comparative law

Is it a method or a science?

• To compare = to measure
• Science: If we consider it as science, then we don't need a practical result (astronomy was a science even before reaching the moon).
• Method: In this case, we need a practical output.

It depends on the perspective…

Never neutral / subjective

Example: In some EU nations, Burka is banned: rules change from state to state. Form de-form.

Ideology and law

How can ideology and law influence each other?

China: Keeping social peace is the most important thing, therefore conflicts are rare also because they are expensive.

General rule with comparison: Germany or EU in general: we don't mind disputes.