Shamash the Babylonian sun god hands King Hammurabi a code of law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislatureto amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca.
Hindu legal tradition, and Asian legal tradition This grouping method still avoids fragmentation, while at the same time being very comprehensive and including indigenous systems.
Its classification criteria are, however, very subtle and therefore this method requires excellent knowledge of the legal systems and their cultures and traditions.
Assessment of the Different Methods The preceding presentation shows that neither of the described methods is perfect in an absolute sense.
Rather, it depends on the context which of the above-explained methods — if any — should apply. For a comprehensive, but general comparison of laws, the traditions approach 5 seems appropriate. For a coarse confrontation of basic principles of private law in Europe and the United States, the simple distinction between common law and civil law may suffice.
For a global functional analysis of a specific aspect or area of law, some variation of approaches 2 — 4 could be workable.
If you are only interested in how an issue is addressed in a handful of countries, you do not really need to resort to clustering at all. Although a basic understanding of how legal systems relate to each other is always helpful.
Finally, some areas of law need other differentiating factors. In sum, the above-described approaches provide a useful working basis for everyone who is interested in comparative law, though they may need to be adapted for each individual case.Each state has different comparative fault rules and different joint and several liability laws.
Understanding each is critical to evaluating and pursuing subrogation cases on a national basis. The contemporary legal systems of the world are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these.
However, the legal system of each country is shaped by its unique history and so incorporates individual variations. Comparative Law: The study and analysis of the different municipal law systems. a. Legal “ families ”: 1) Romano-Germanic Civil Law.
2) Anglo-American Common Law. 3) Islamic Law. b%(2).
A Comparative Analysis of the Different Types of Laws and Legal Systems PAGES 3. WORDS 2, View Full Essay. More essays like this: legal systems, types of laws, roman law.
Not sure what I'd do without @Kibin - Alfredo Alvarez, student @ Miami University. Exactly what I needed. - Jenna Kraig, student @ UCLA. both comparative law and the legal unification debate.
Most arguments on whether and how differences among legal systems can and should be overcome must be found outside comparative law. This means that comparative law is necessary but not sufficient for the development of European private law. styles of legal systems as equivalent regarding the functions they serve: transparency, judicial accountability, and control.9 In short, ‘the functional method’ is a triple misnomer.