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Comparative Law > Comparative Law > Flashcards

Comparative Law Flashcards

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1
Q

Legal Transplants

A

The process of adopting or borrowing legal rules or institutions from one legal system to another, influenced by cultural, historical, and political factors

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2
Q

Harmonization

A

The deliberate process of standardizing laws and regulations across different legal systems to achieve consistency and uniformity, often pursued through international agreements and conventions

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3
Q

Legal Tradition

A

Refers to a set of historical attitudes, principles, and practices that shape a legal system, influenced by cultural, religious, and institutional factors.

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4
Q

Rule of Law

A

The principle that all individuals and institutions are subject to and accountable under the law, ensuring fairness, justice, and equality before the law

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5
Q

Legal Pluralism

A

The coexistence of multiple legal systems within a jurisdiction, recognizing the diversity of legal traditions and practices

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6
Q

Legal Culture:

A

The shared beliefs, values, attitudes, and norms regarding law and legal institutions within a society, influencing legal behavior and decision-making. Describes ideas, values, expectations, and attitudes towards law. Focuses on non-legal factors influencing legal systems, highlighting external and internal legal cultures.

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7
Q

Legal Interpretation

A

The process of assigning meaning to legal texts, statutes, and judicial decisions, involving various methods such as textualism, purposivism, and contextualism

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8
Q

Definition of Comparative Law

A

Comparative Law is a multidisciplinary study focusing on the observation and explanation of similarities and differences between legal systems.

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9
Q

Scope of Comparative Law

A

It spans domestic, regional, and international realms, aiming for critical analysis rather than a distinct legal field

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10
Q

Contextual Factors in Comparative Law

A

Social, geographical, political, economic, cultural, and historical factors influence legal frameworks

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11
Q

Why Do We Compare?

A

To unravel the underlying reasons for legal structures’ existence and to understand how laws interact across diverse jurisdictions

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12
Q

Basic View of Comparative Law

A

Macro-comparison involves holistic examination, while micro-comparison focuses on specific legal rules or institutions

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13
Q

Legal Traditions

A

Considers deeply rooted historical attitudes towards law.
Emphasizes a continuous dynamic relation between legal systems, as discussed by Merryman and Glen

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14
Q

Classification of Legal Systems

A

Traditional classifications based on history, ideology, legal style, codification levels, and societal beliefs

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15
Q

Ugo Mattei’s Taxonomy

A

Identifies three primary sources of social norms - law, politics, and tradition - emphasizing their importance in comparative analysis

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16
Q

Legal Convergence

A

A process of growing similarities between legal systems over time, differing from deliberate harmonization

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17
Q

Civil Law Systems

A

Originated from Roman Law influence, characterized by codification, an inquisitorial system, and a written constitution

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18
Q

Common Law Systems:

A

Evolved from English legal traditions, characterized by precedent, judge-made law, and an adversarial system

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19
Q

Mixed Legal Systems

A

Integrate features from multiple legal traditions, such as civil law, common law, customary law, and religious legal systems

20
Q

Comparing Judicial Decisions

A

Structural analysis examines the arrangement of cases, while substantive analysis focuses on legal issues, arguments, and verdicts

21
Q

Socio-Legal Comparative Law

A

Explores the causal relationship between law and society, examining legal culture, attitudes, and compliance

22
Q

Empirical Comparative Law

A

Utilizes quantitative and qualitative methods to analyze legal phenomena

23
Q

Regional Comparative Law

A

Focuses on a group of countries with geographic proximity, facilitating effective collaboration and integration

24
Q

International Comparative Law

A

Transcends geographical boundaries, examining interpretations and applications of international law

25
Q

Historical Development of Scandinavian Legal Systems

A

Gradual evolution from local language-based laws to centralized legislation, influenced by Roman civil law.

26
Q

Principles of Civil Law Systems

A

Codification, legislative supremacy, an inquisitorial system, and strict adherence to statutory law

27
Q

Features of Common Law Systems

A

Precedent, stare decisis, judge-made law, an adversarial system, and freedom of contract

28
Q

Comparative Analysis of EU Law

A

Examines common constitutional traditions and the role of comparative law in EU law-making and judicial decisions

29
Q

Comparative Analysis of International Law

A

Compares different systems of international law, institutions, legal problems, and compliance

30
Q

Legal Culture and Comparative Law

A

Explores the influence of cultural values on legal norms and practices, ensuring alignment with societal expectations

31
Q

Legal Methods in Comparative Law

A

Dogmatic method focuses on normative questions, while the comparative method questions official theories of law.

32
Q

Comparative Analysis of Regional Legal System

A

Examines similarities and differences between legal systems within a specific region, considering historical, cultural, and political factors

33
Q

Comparative Method and Harmonization

A

Explores the process of harmonization across legal systems, aiming for uniformity in laws and regulations.

34
Q

Functionalism in Comparative Law

A

Focuses on shared social-economic problems to identify similarities between legal systems.

35
Q

Legal Unification Efforts

A

Highlights the role of international organizations in advancing legal unification through conventions, treaties, and harmonization efforts

36
Q

Legal Harmonization vs. Legal Convergence

A

Distinguishes between deliberate legislative processes and spontaneous evolution over time in legal systems.

37
Q

Common Law System

A

A legal system primarily based on case law developed by judges through decisions in individual cases, with a strong emphasis on precedent and judicial interpretation

38
Q

Civil Law System

A

A legal system characterized by codified laws and statutes that form the primary source of law, with less emphasis on judicial precedent and more on legislative enactments

39
Q

Islamic Law

A

A legal system derived from the Quran and Hadith, encompassing religious principles and teachings governing various aspects of life, including family law, criminal law, and finance

40
Q

Customary Law System:

A

A legal system based on unwritten customs and traditions established within a particular community or society, often passed down orally from generation to generation.

41
Q

Mixed Legal System

A

A legal system that combines elements of different legal traditions, such as civil law and common law, often resulting from historical, colonial, or cultural influences

42
Q

Religious Legal Systems

A

Legal systems based on religious texts, teachings, and doctrines, governing various aspects of life and behavior according to religious principles, such as Hindu law, Jewish law, and Canon law.

43
Q

Customary Law vs. Statutory Law

A

Contrasts the reliance on unwritten customs and traditions with the emphasis on codified laws and statutes as the primary source of legal rules and principle

44
Q

Napoleonic Code (Code Civil)

A

A comprehensive civil law code enacted in France in 1804 under Napoleon Bonaparte, serving as a model for civil law systems in many countries, emphasizing clarity, accessibility, and uniformity of law

45
Q

Scandinavian Legal Systems

A

Legal systems rooted in Germanic law and Norse customs, prevalent in Scandinavian countries such as Norway, Sweden, Denmark, and Finland, known for their emphasis on consensus-building, equity, and social welfare.

Comparative Law (1 decks)

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