Legal traditions and comparative law

Papa

LAW 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 as many as

the States

- In the world there are different Systems, the most important ones are

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 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

EX. In some EU nations Burka is banned: rules change from state to state

form de-form

How can IDEOLOGY and law?

China: keeping social peace is the most important thing, therefore conflicts are We can find a

rare also because they are expensive; GENERAL RULE

with comparison

Germany or EU in general: we don’t mind disputes.

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