M1 T2: Comparative law and legal families-historical evolution and future of comparative law

Question 1

When can we find the origin of comparative law?

Answer 1

antiquity

Question 2

Three reasons why comparative law is becoming increasingly important both on an international and national level.

Answer 2

1. Personal, cultural and financial exchanges among countries
2. Trans-national legal phenomena
3. Emergence of supranational organizations

Question 3

Legislative comparison in ancient times

Answer 3

Aristotle carried out a study of 153 constitutions governing Greek and Barbarian cities to write his treaties in Politics.

Solon did the same to lay down the laws of Athens, and the decemviri of Rome established the Laws of the Twelve Tables.

Question 4

Legislative comparison in the middle ages

Answer 4

collating between civil law and canon law

Question 5

Legislative comparison in the modern epoch

Answer 5

comparison of customs in France laid the basis for a shared consuetudinary law and the foundation of the development of Private law in Germany

Question 6

Legislative comparison in the modern era

Answer 6

Montesquieu compared different laws to find legal principles shared by all humankind; “The spirit of the laws.”

Question 7

when did comparative law emerge as a field of study?

Answer 7

Late 19th century, but has been around since the beginning of the study of law

Question 8

What is the reason for the late development of the field of study?

Answer 8

The intent to create a universal, just law, by the will of God shared by the civilized world; the Christian world

Question 9

What was an important turning point for the development of the field of study?

Answer 9

The universal law was discredited during the enlightenment period which led to the nationalization of laws. There was now a diversity to be studied.

Question 10

2 essential characteristics that determined the evolution of comparative law in the 20th century

Answer 10

1. it did not become institutionalised

2. No general principles have been developed as a foundation

Question 11

what is the main objective of comparative law today?

Answer 11

provide an analysis of particular provisions with practical objectives to solve concrete problems that are treated individually.

Harmonisation and unification of legislation

Question 12

What is NOT an objective of comparative law today?

Answer 12

Construct a general science

Question 13

Is comparative law a specialization?

Answer 13

no. it is practiced by any branch of law

Question 14

What are important new dimensions for comparative law?

Answer 14

Regional integration and international globalisation

Question 15

What is an example of legal convergence where comparative law plays an important role?

Answer 15

Harmonization in the EU and the creation of a new ius commune

Question 16

What steps are followed to find a common consensus on policies within the EU?

Answer 16

1. Each state proposes various roles
2. Comparative analysis
3. Selection of best regulation

Question 17

What did the events of the 20th century prove?

Answer 17

The need for creating a supranational legal system that will apply equally to all states

Question 18

Where is the need for creating a supranational legal system that will apply equally to all states specifically evident?

Answer 18

within trade and protection of human rights.

Question 19

The international institute for the unification of Private law focus on

Answer 19

principles regarding international commercial contracts

Question 20

Important international courts focus on

Answer 20

the uniformization in the fields of procedural and criminal law

Question 21

What role does comparative law play on the national level?

Answer 21

guide law-maker and courts in the improvement of internal law by investigating how other countries have solved given problems and find if it can be applied to particular legal circumstances in the receiving country.