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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.
Conflict of laws is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgments, dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and choice of law, which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law.
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.
Friedrich Carl von Savigny was a German jurist and historian.
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.
Acculturation is a process of social, psychological, and cultural change that stems from the balancing of two cultures while adapting to the prevailing culture of the society. Acculturation is a process in which an individual adopts, acquires and adjusts to a new cultural environment as a result of being placed into a new culture, or when another culture is brought to someone. Individuals of a differing culture try to incorporate themselves into the new more prevalent culture by participating in aspects of the more prevalent culture, such as their traditions, but still hold onto their original cultural values and traditions. The effects of acculturation can be seen at multiple levels in both the devotee of the prevailing culture and those who are assimilating into the culture.
John Maurice Kelly was an Irish Fine Gael politician who served as Minister for Trade, Commerce and Tourism from 1981 to 1982, acting Minister for Foreign Affairs from June 1981 to October 1981, Attorney General from May 1977 to July 1977 and Government Chief Whip from 1973 to 1977. He served as a Teachta Dála (TD) for the Dublin South-Central from 1973 to 1977 and for Dublin South from 1977 to 1989. He was a Senator for the Cultural and Educational Panel from 1969 to 1973.
Geist is a German noun with a significant degree of importance in German philosophy. Geist can be roughly translated into three English meanings: ghost, spirit, and mind or intellect. Some English translators resort to using "spirit/mind" or "spirit (mind)" to help convey the meaning of the term.
Corporate liability, also referred to as liability of legal persons, determines the extent to which a company as a legal person can be held liable for the acts and omissions of the natural persons it employs and, in some legal systems, for those of other associates and business partners.
Hermann Ulrich Kantorowicz was a German jurist.
The sociology of law, legal sociology, or law and society is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintaining interdependence, and constituting themselves as sources of consensus, coercion and social control".
Historism is a philosophical and historiographical theory, founded in 19th-century Germany and especially influential in 19th- and 20th-century Europe. In those times there was not a single natural, humanistic or philosophical science that would not reflect, in one way or another, the historical type of thought. It pronounces the historicity of humanity and its binding to tradition.
W. Alan J. Watson was a Scottish legal historian, regarded as a major authority as on Roman law, comparative law, legal history, and law and religion. He is credited with coining the term "legal transplants".
Culture change is a term used in public policy making and in workplaces that emphasizes the influence of cultural capital on individual and community behavior. It has been sometimes called repositioning of culture, which means the reconstruction of the cultural concept of a society. It places stress on the social and cultural capital determinants of decision making and the manner in which these interact with other factors like the availability of information or the financial incentives facing individuals to drive behavior.
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."
A legal relationship, jural relationship, or legal relation is a connection between two persons or other entities that is governed by law. A legal relationship may exist, for example, between two individuals or between an individual and a government. Legal relationships often imply rights and obligations. Examples of legal relationships include contracts, marriage, and citizenship. As with other fundamental legal concepts, many different ways of defining and classifying legal relationships have been put forward.
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.
Legal evolution is a branch of legal theory which proposes that law and legal systems change and develop according to regular, natural laws. It is closely related to social evolution and was developed in the 18th century, peaking in popularity in the 19th century before entering a prolonged hiatus. Legal evolution saw a revival at the end of the 20th century and is continued in multiple contemporary theories. Theories of legal evolution use a variety of methodologies, including elements of sociological, historical, philosophical approaches.
Marie Seong-Hak Kim is a historian and jurist. She is known for her work of comparing European and East Asian legal history, with emphasis on the sources of law, legal theories, and court practices.
References
- ↑ Teubner, Gunther (1998). "Legal Irritants: Good Faith in British Law or How Unifying Law Ends Up in New Divergences". The Modern Law Review. 61 (1): 11–32. doi:10.1111/1468-2230.00125. SSRN 876950.
- ↑ Schuldt, Lasse (2023-09-25). "Driving Irritation: Thailand's Supreme Court and the English Roots of Corporate Criminal Liability". Asian Journal of Comparative Law. 19: 142–158. doi:10.1017/asjcl.2023.29. ISSN 2194-6078.