Comparative Law

Question 1

Legal Transplants

Answer 1

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

Question 2

Harmonization

Answer 2

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

Question 3

Legal Tradition

Answer 3

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

Question 4

Rule of Law

Answer 4

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

Question 5

Legal Pluralism

Answer 5

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

Question 6

Legal Culture:

Answer 6

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.

Question 7

Legal Interpretation

Answer 7

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

Question 8

Definition of Comparative Law

Answer 8

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

Question 9

Scope of Comparative Law

Answer 9

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

Question 10

Contextual Factors in Comparative Law

Answer 10

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

Question 11

Why Do We Compare?

Answer 11

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

Question 12

Basic View of Comparative Law

Answer 12

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

Question 13

Legal Traditions

Answer 13

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

Question 14

Classification of Legal Systems

Answer 14

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

Question 15

Ugo Mattei’s Taxonomy

Answer 15

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

Question 16

Legal Convergence

Answer 16

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

Question 17

Civil Law Systems

Answer 17

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

Question 18

Common Law Systems:

Answer 18

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

Question 19

Mixed Legal Systems

Answer 19

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

Question 20

Comparing Judicial Decisions

Answer 20

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

Question 21

Socio-Legal Comparative Law

Answer 21

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

Question 22

Empirical Comparative Law

Answer 22

Utilizes quantitative and qualitative methods to analyze legal phenomena

Question 23

Regional Comparative Law

Answer 23

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

Question 24

International Comparative Law

Answer 24

Transcends geographical boundaries, examining interpretations and applications of international law

Question 25

Historical Development of Scandinavian Legal Systems

Answer 25

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

Question 26

Principles of Civil Law Systems

Answer 26

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

Question 27

Features of Common Law Systems

Answer 27

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

Question 28

Comparative Analysis of EU Law

Answer 28

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

Question 29

Comparative Analysis of International Law

Answer 29

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

Question 30

Legal Culture and Comparative Law

Answer 30

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

Question 31

Legal Methods in Comparative Law

Answer 31

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

Question 32

Comparative Analysis of Regional Legal System

Answer 32

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

Question 33

Comparative Method and Harmonization

Answer 33

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

Question 34

Functionalism in Comparative Law

Answer 34

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

Question 35

Legal Unification Efforts

Answer 35

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

Question 36

Legal Harmonization vs. Legal Convergence

Answer 36

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

Question 37

Common Law System

Answer 37

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

Question 38

Civil Law System

Answer 38

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

Question 39

Islamic Law

Answer 39

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

Question 40

Customary Law System:

Answer 40

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

Question 41

Mixed Legal System

Answer 41

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

Question 42

Religious Legal Systems

Answer 42

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.

Question 43

Customary Law vs. Statutory Law

Answer 43

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

Question 44

Napoleonic Code (Code Civil)

Answer 44

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

Question 45

Scandinavian Legal Systems

Answer 45

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.