Comparative law is the study of differences and similarities between the law of different countries. More specifically, it involves the study of the different legal "systems" in existence in the world, including the common law, the civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism, economic globalization, and democratization.
Socialist law or Soviet law denotes a general type of legal system which has been used in socialist and formerly socialist states. It is based on the civil law system, with major modifications and additions from Marxist–Leninist ideology. There is controversy as to whether socialist law ever constituted a separate legal system or not. If so, prior to the end of the Cold War, socialist law would be ranked among the major legal systems of the world.
Sharia is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term sharīʿah refers to Allah's immutable divine law and is contrasted with fiqh, which refers to its human scholarly interpretations. Over time, legal schools have emerged, reflecting the preferences of particular societies and governments, through their work on the theoretical (usul) and practical application (füru/fetva) of laws and regulations. However, sharia has never been the sole valid legal system in Islam, and has always been used alongside urf from the beginning. The manner of its application in modern times has been a subject of dispute between Muslim fundamentalists and modernists.
Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilisations and operates in the wider context of social history. Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts; some consider legal history a branch of intellectual history. Twentieth-century historians viewed legal history in a more contextualised manner – more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyse case histories from the parameters of social-science inquiry, using statistical methods, analysing class distinctions among litigants, petitioners and other players in various legal processes. By analyzing case outcomes, transaction costs, and numbers of settled cases, they have begun an analysis of legal institutions, practices, procedures and briefs that gives a more complex picture of law and society than the study of jurisprudence, case law and civil codes can achieve.
The legal system of Canada is pluralist: its foundations lie in the English common law system, the French civil law system, and Indigenous law systems developed by the various Indigenous Nations.
Adat is a generic term derived from Arabic to describe a variety of local customary practices and traditions deemed compatible with Islam as observed by Muslim communities in the Balkans, North Caucasus, Central Asia, and Southeast Asia. Despite its Arabic origin, the term adat resonates deeply throughout Maritime Southeast Asia, where due to colonial influence, its usage has been systematically institutionalised into various non-Muslim communities. Within the region, the term refers, in a broader sense, to the customary norms, rules, interdictions, and injunctions that guide individuals' conduct as members of the community and the sanctions and forms of address by which these norms and rules are upheld. Adat also includes the set of local and traditional laws and dispute resolution systems by which these societies are regulated.
Dharmaśāstra is a genre of Sanskrit texts on law and conduct, and refers to the treatises (śāstras) on Dharma. Unlike Dharmasūtra which are based upon Vedas, these texts are mainly based on Puranas. There are many Dharmashastras, variously estimated to be 18 to about 100, with different and conflicting points of view. Each of these texts exist in many different versions, and each is rooted in Dharmasutra texts dated to 1st millennium BCE that emerged from Kalpa (Vedanga) studies in the Vedic era.
Western law comprises the legal traditions of Western culture, with roots in Roman law and canon law. As Western culture shares a Graeco-Roman Classical and Renaissance cultural influence, so do its legal systems.
Ugo Mattei is the Alfred and Hanna Fromm Professor of International and Comparative Law at the University of California, Hastings College of the Law, in San Francisco, California, and a full professor of civil law in the University of Turin, Italy. He is the academic coordinator of the International University College of Turin, Italy, a school where issues of law and finance in global capitalism are critically approached. He is also a columnist for the Italian newspapers Il Manifesto and Il Fatto Quotidiano. For his ground-breaking studies on the commons, in 2017 Mattei won the Elinor Ostrom Award for the Collective Governance of the Commons.
Africa's fifty-six sovereign states range widely in their history and structure, and their laws are variously defined by customary law, religious law, common law, Western civil law, other legal traditions, and combinations thereof.
Legal anthropology, also known as the anthropology of laws, is a sub-discipline of anthropology follows inter disciplinary approach which specializes in "the cross-cultural study of social ordering". The questions that Legal Anthropologists seek to answer concern how is law present in cultures? How does it manifest? How may anthropologists contribute to understandings of law?
Legal cultures are described as being temporary outcomes of interactions and occur pursuant to a challenge and response paradigm. Analyses of core legal paradigms shape the characteristics of individual and distinctive legal cultures. "Comparative legal cultures are examined by a field of scholarship, which is situated at the line bordering comparative law and historical jurisprudence."
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.
The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. The rule of law is defined in the Encyclopedia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."
Iura novit curia is a Latin legal maxim expressing the principle that "the court knows the law", i.e., that the parties to a legal dispute do not need to plead or prove the law that applies to their case. The maxim is sometimes quoted as jura novit curia, iura noscit curia, curia iura novit, curia novit legem or variants thereof.
H. Patrick Glenn (1940–2014) was the Peter M. Laing Professor at the Faculty of Law at McGill University. He specialized in comparative law, private international law, and civil procedure.
The legal system of Saudi Arabia is based on Sharia, Islamic law derived from the Qur'an and the Sunnah of the Islamic prophet Muhammad. The sources of Sharia also include Islamic scholarly consensus developed after Muhammad's death. Its interpretation by judges in Saudi Arabia is influenced by the medieval texts of the literalist Hanbali school of Islamic jurisprudence. Uniquely in the Muslim world, Sharia has been adopted by Saudi Arabia in an uncodified form. This, and the lack of judicial precedent, has resulted in considerable uncertainty in the scope and content of the country's laws. The government therefore announced its intention to codify Sharia in 2010, and, in 2018, a sourcebook of legal principles and precedents was published by the Saudi government. Sharia has also been supplemented by regulations issued by royal decree covering modern issues such as intellectual property and corporate law. Nevertheless, Sharia remains the primary source of law, especially in areas such as criminal, family, commercial and contract law, and the Qur'an and the Sunnah are declared to be the country's constitution. In the areas of land and energy law the extensive proprietorial rights of the Saudi state constitute a significant feature.
Qargi, Qasgi or Qasgiq, Qaygiq, Kashim, Kariyit, a traditional large semi-subterranean men's community house' of the Yup'ik and Inuit, also Deg Hit'an Athabaskans, was used for public and ceremonial occasions and as a men's residence. The Qargi was the place where men built their boats, repaired their equipment, took sweat baths, educated young boys, and hosted community dances. Here people learned their oral history, songs and chants. Young boys and men learned to make tools and weapons while they listened to the traditions of their forefathers.
Akira Mikazuki was a former justice minister of Japan and Professor Emeritus at Tokyo University. He was a leading figure in civil procedure scholarship.
Comparative legal history is the study of law in two or more different places or at different times. As a discipline, it emerged between 1930 and 1960 in response to legal formalism, and builds on scattered uses of legal-historical comparison since antiquity. It uses the techniques of legal history and comparative law.
