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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.
Sharia literally means way or law, in Islamic terminology it refers to an abstract immutable divine or religious law that forms part of the Islamic tradition based on scriptures of Islam, particularly the Quran and the Hadith. On the contrary, fiqh, which includes source criticism especially on hadiths and decree methods such as meaning and logical inference of the text, refers to the interpretations of Islamic scholars; ahkam, practical application side of sharia, in a sense, refers to the results reached by scholars with these sources and intellectual methods they use. Fatwas, on the other hand, consist of religious decisions made by muftis on specific issues.
The Hanafi school or Hanafism is the oldest of the four major Sunni Islamic schools of jurisprudence (fiqh). It was established by the 8th century Kufan scholar Abu Hanifa, a tabi‘i whose legal views were preserved primarily by two of his disciples, Abu Yusuf and Muhammad al-Shaybani. It is considered one of the most widely accepted legal school of thought (maddhab) amongst Sunni Muslim community and is called the Madhhab of Jurists. Many Hanafi Muslims follow the Maturidi school of theology.
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 law of Japan refers to the legal system in Japan, which is primarily based on legal codes and statutes, with precedents also playing an important role. Japan has a civil law legal system with six legal codes, which were greatly influenced by Germany, to a lesser extent by France, and also adapted to Japanese circumstances. The Japanese Constitution enacted after World War II is the supreme law in Japan. An independent judiciary has the power to review laws and government acts for constitutionality.
Albert Venn Dicey, was a British Whig jurist and constitutional theorist. He is most widely known as the author of Introduction to the Study of the Law of the Constitution (1885). The principles it expounds are considered part of the uncodified British constitution. He became Vinerian Professor of English Law at Oxford, one of the first Professors of Law at the LSE Law School, and a leading constitutional scholar of his day. Dicey popularised the phrase "rule of law", although its use goes back to the 17th century.
Civil law is a legal system originating in Italy and France and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law and French civil law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent.
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A casebook is a type of textbook used primarily by students in law schools. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the court applied it. Casebooks sometimes also contain excerpts from law review articles and legal treatises, historical notes, editorial commentary, and other related materials to provide background for the cases.
Mark Victor Tushnet is an American legal scholar. He specializes in constitutional law and theory, including comparative constitutional law, and is currently the William Nelson Cromwell Professor of Law at Harvard Law School. Tushnet is identified with the critical legal studies movement.
The Jaʿfarī school, also Jafarite school, Jaʿfarī fiqh or Ja'fari jurisprudence, is the school of jurisprudence (fiqh) in Twelver and Ismaili Shia Islam, named after the sixth Imam, Ja'far al-Sadiq. In Iran, Jaʽfari jurisprudence is enshrined in the constitution.
The casebook method, similar to but not exactly the same as the case method, is the primary method of teaching law in law schools in the United States. It was pioneered at Harvard Law School by Christopher Columbus Langdell. It is based on the principle that rather than studying highly abstract summaries of legal rules, the best way to learn American law is to read the actual judicial opinions which become the law under the rule of stare decisis.
The Oxford History of the United States (1982–present) is an ongoing multi-volume narrative history of the United States published by Oxford University Press.
In legal parlance, a peppercorn is a metaphor for a very small cash payment or other nominal consideration, used to satisfy the requirements for the creation of a legal contract. It is featured in Chappell & Co Ltd v Nestle Co Ltd, which stated that "a peppercorn does not cease to be good consideration if it is established that the promisee does not like pepper and will throw away the corn". However, the cited passage is mere dicta, and not the basis for the decision.
A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. There is no fixed usage on what books qualify as a "legal treatise", with the term being used broadly to define books written for practicing attorneys and judges, textbooks for law students, and explanatory texts for laypersons. The treatise may generally be loose leaf bound with rings or posts so that updates to laws covered by the treatise and annotated by the editor may be added by the subscriber to the legal treatise.
Richard B. Bernstein was an American constitutional historian, a distinguished adjunct professor of law at New York Law School, and lecturer in law and political science at the City College of New York's Skadden, Arps Honors Program in Legal Studies in its Colin Powell School for Civic and Global Leadership.
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.
Literature is any collection of written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose, fiction, drama, poetry, and including both print and digital writing. In recent centuries, the definition has expanded to include oral literature, also known as orature much of which has been transcribed. Literature is a method of recording, preserving, and transmitting knowledge and entertainment, and can also have a social, psychological, spiritual, or political role.
Steven D. Walt is a law professor at the University of Virginia School of Law. He teaches courses on contracts, sales/commercial paper, legal philosophy, bankruptcy and secured transactions.
References
- 1 2 3 "Richard Hyland". Rutgers University. Retrieved March 25, 2015.
- ↑ Schulze, Christian (2010). "Book review: Gifts — a study in comparative law by Richard Hyland". The Comparative and International Law Journal of Southern Africa. Institute of Foreign and Comparative Law. 43 (3): 379–383. JSTOR 23253089.
- ↑ "Gifts". Oxford University Press. Retrieved March 25, 2015.
- ↑ Charles Bernstein (October 5, 2013). "Richard Hyland on Vachel Lindsay's 'The Congo'". Jacket 2. Retrieved March 25, 2015.
- ↑ James Atlas (March 22, 2013). "The Extreme (Existential) Makeover". New York Times. Retrieved March 25, 2015.
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