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.

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 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

Ex. In some EU nations, the Burka is banned: rules change from state to state.

How can IDEOLOGY influence law?

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.

Comparative law definition

The study of the relationship between legal systems or between the rules of more than one system, with their differences and similarities. Legal systems are composed of many “FORMANTI” (law-judge-professors-scholars). Legal systems are different and are the result of one’s own culture and ideology.

Ex. Same goal: All mammals have the same organism.

Other animals have different organisms.

Law and legal traditions

Second lecture 25/10/2018

• (Germany) LAW
• (China) (Africa) POLITICS TRADITION

1. Humans are mortal

2. I am human

Syllogism: Deductive comparison (Aristotle)

3. (Then) I am mortal

Arabs applied it in every field, law as well.

In the 6th century BCE, according to legend, the Greek lawgiver Solon, faced with the task of compiling the laws of Athens, gathered together the laws of various city-states. Similarly, in the 5th century BCE, a Roman commission in Sicily before giving Rome the famous Laws of the Twelve Tables.

Aristotle, in the 4th century, is said to have collated the constitutions of no fewer than 158 city-states in his effort to devise a model constitution. Thus, from ancient times, it would seem that those...