 In today's globalized world, jurists cannot limit themselves to studying the laws of their own country. This book is mainly intended to be used as a textbook for beginners taking introductory courses on foreign and comparative law. Its concise format makes it fit for use also in other courses, such as legal history or jurisprudence, having the ambition to provide the students with a basic knowledge about English, American, French, German, Chinese and Islamic law and legal culture, as well as about the methodological problems that arise in connection with studying, comparing and working with foreign legal systems in general. The book will hopefully also be useful as a spring-board towards more profound studies by students and others seeking more advanced knowledge.
contents
Foreword v
Contents vii
Abbreviations xii
part i General Part
chapter 1 Introduction
1.1 The Name of the Subject 5
1.2 An Attempt to Define the Subject 5
1.3 Comparative Law and Studies of Foreign Law 6
1.4 Comparative Law – Method or Science? 8
chapter 2 The Uses of Comparative Law
2.1 General Education 15
2.2 Obtaining a Better Understanding of One’s Own
Legal System 15
2.3 Working de lege ferenda 16
2.4 Harmonization and Unification of Laws 18
2.5 Working de lege lata 20
2.6 Public International Law and EU Law 20
2.7 Private International Law and International Penal Law 22
2.8 Use for Pedagogical Purposes 24
2.9 Other Areas of Use 25
chapter 3 Some Problems Connected with the Study or Foreign Law
3.1 General Remarks 29
3.2 Availability and Reliability of the Sources of Information 30
3.3 Interpretation and Use of Foreign Sources of Law 32
3.4 The Foreign Legal System Must be Studied in its Entirety 34
3.5 Translation Problems 36
3.6 Obsolete and Living Law 37
3.7 Social Context and Purpose of the Legal Rules 39
chapter 4 The Comparison
4.1 General Remarks 45
4.2 The Problem of Comparability 46
4.3 Comparability of Laws of Countries with Different Social
Systems 50
chapter 5 Explaining Similarities and Differences between Legal
Systems
5.1 What Needs to be Explained? 55
5.2 The Economic System 57
5.3 The Political System and Ideology 58
5.4 Religion 59
viii
concise introduction to comparative law
5.5 History and Geography 59
5.6 Demographic Factors 60
5.7 Co-Influence of Other Means of Control 61
5.8 Accidental and Unknown Factors 61
chapter 6 Comparative Evaluation of the Compared Solutions 63
chapter 7 Grouping of Legal Systems into Families of Law 69
chapter 8 The Common Core of Legal Systems and the
Presumption of Similarity 79
paert ii The Most Important Legal Systems
chapter 9 English Law
9.1 Introduction 91
9.2 Common Law 91
9.3 Equity 96
9.4 Interpretation of Precedents 100
9.5 The Judiciary 104
9.6 Interpretation of Statutes 110
9.7 Legal Education and the Legal Profession 113
9.8 Geographic Spread of English Law 116
chapter 10 American Law
10.1 Federalism 121
10.2 Constitutional Litigation 124
10.3 The Judiciary 126
10.4 Legal Education and the Legal Profession 130
10.5 Geographic Spread of American Law 132
chapter 11 French Law
11.1 Historical Background 137
11.2 The Napoleon Code 138
11.3 The Judiciary 142
11.4 Legal Education and the Legal Profession 145
11.5 Geographic Spread of French Law 146
chapter 12 German Law
12.1 Historical Background 151
12.2 The German Civil Code (BGB) 152
12.3 The Judiciary 155
12.4 Legal Education and the Legal Profession 156
12.5 Geographic Spread of German Law 157
chapter 13 Chinese Law
13.1 Confucianism 161
13.2 Main Features of Legal Development 162
13.3 Legal Education and the Legal Profession 165
13.4 Geographic Spread of Chinese Law 166
chapter 14 Moslem Law
14.1 Sources of Law 171
14.2 Legal Method 173
14.3 Geographic Spread of Moslem Law 176
Bibliography 180
Index 200 |
