Summary
Summary Comparative Law and Legal Systems
- Course
- Institution
Comprehensive summary for 2nd year Hanze IFM Students.
[Show more]
Seller
Follow
mrshayray
Reviews received
Content preview
Chapter 2- Comparative law and legalsystems
Comparative law: The study of similarities and differences between the law (and legal
system) of different countries.
Comparative law has five main purposes ( Zweigert & Kotz):
1. Gaining knowledge
Learning about different legal systems allows one to gain a deeper and
broader insight on how law works in general and in within respective
countries.
Constitutional differences, historical developments, the sources of law used all
shape the way different countries approach and apply law; even in similar
situations, different ways to approach law, different lines of legal reasoning.
2. Evaluating the better law
Beyond just learning about different jurisdictions, comparative law allows
one to examine the approaches to law in different legal systems and
evaluate which one is better.
This purpose is slightly contested because determining one country’s law as
better than another would contradict the idea that all countries are equal.
Evaluating the better law is frequently used by legislators (lawmakers)
as a tool for adopting/amending laws in their own countries.
(Essentially cherry picking the best and most efficient laws from
different countries and adding it to their own).
Also used in the business world (DESTEP analysis) to evaluate what
country’s law is the most conducive to do business in (‘ease of business’) ,
by looking at things like policies and rules regarding taxation, exports etc. in
the country concerned.
3. Substantiate the application of law
When applying law, the courts (the judiciary), administration (the
govt.) or the military tend to compare the law of different legal
systems to make sure they apply the law correctly.
Countries usually look to other countries that have a similar
legal system/shared history/similar values.
, e.g., former British colonies (India’s legal system is based on English
Common Law. So, an Indian Court might look to see what the English
stance on the issue at hand is when trying to solve a case).
4. Improve legal education
A comparative study of different legal systems allows for a better
understanding of the countries concerned as well as broaden one’s
understanding of law and legal concepts in general; not only for
students in universities, but ‘legal education’ in a broader sense.
E.g., Business context: comparative law allows important insights that can
shape strategic decisions.
. 5. The unification of law
Comparing different legal systems also serves the function of trying to
harmonize or unify law.
Different countries have different laws. If all countries had uniform
rules (follow the same law), things like trade would more
straightforward and thus make conducting business easier. Less legal
differences = market functions better.
E.g., Countries in the EU don’t agree on export rules for food products,
which makes selling wine more time-consuming expensive. By agreeing to
adopt uniform rules, the countries can trade more efficiently, reduce
costs, and consequently, increase trade.
How to create uniform rules? By comparing and evaluating of the legal
systems involved and picking the best ones.
Levels of legal comparison:
1. Macro comparison:
Macro comparison compares the main characteristics of legal systems.
Broadly examines the similarities and differences of legal systems and
how they work i.e., less in-depth comparison.
A legal system is a coherent collection of legal rules mostly determined by
the boundaries of a state (country). [in which the same hierarchy of legal sources
apply].
For this course, State (country) = Legal System. England’s legal system is the same
thing as the English Legal System.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mrshayray. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.34. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79976 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now