Comparative legal systems: Introduction
What is it? - correct answer-The comparison of different legal systems has been a subject of
discussion for a long time, but the formal science of comparing legal systems emerged in the
late 20th century, particularly during the Congress of Comparative Law in Paris in 1900,
organized by the Société de Législation Comparée.
There used to be a debate about whether the study of comparing legal systems should be
considered a science or a method. However, nowadays it is widely accepted as a scientific
discipline, focused on understanding and analyzing the similarities and differences between
legal systems.
Law, or "diritto" in Italian, encompasses a set of rules that can be categorized into various
types, including social norms (etiquette), religious rules, moral principles, rules governing
specific organizations (such as student associations), and legal norms.
A significant portion of the legal system consists of legal rules, which prescribe how
individuals within a social group should or should not behave. For example, a legal rule may
state "Do not steal," providing guidance on appropriate conduct within society. Legal rules
are more specific and concrete compared to broader principles or guidelines.
How to distinguish legal norms from the other categories? - correct answer-Legal norms
typically possess the following characteristics:
1. Accompanied by sanctions and enforcement: Legal norms are usually backed by
sanctions, which can include pecuniary fines, imprisonment, or even the death penalty,
depending on the severity of the violation. These sanctions are enforced through various
mechanisms, such as law enforcement agencies, judges, and the Ministry of Justice.
2. Written in legislation (statutes): Legal norms are often codified and expressed in written
form within legislative documents, such as statutes, codes, regulations, or ordinances.
These written laws provide a clear and authoritative source for individuals to consult and
understand their rights and obligations.
3. Based on normal language: While legal language is distinct in some respects, it is
primarily derived from and based on the use of ordinary language. Legal texts are intended
to communicate and convey legal principles and requirements to individuals, and thus they
employ linguistic structures and terminology that can be understood by those familiar with
the language. However, it is important to note that legal language may incorporate technical
terms, specific definitions, and legal concepts that may not align precisely with everyday
language use.
It is worth noting that the linguistic aspect of legal language does not always align perfectly
with the everyday use of language. Legal terminology, precision, and specific legal concepts
may create differences between the language used in legal texts and ordinary language.
Legal interpretation and analysis often require a deeper understanding of legal principles
and concepts beyond the surface-level understanding of normal language.
The norm and its character: general and abstract - correct answer-Norms are indeed
designed to apply generally to a society rather than regulate specific individuals or situations.
The content of a norm consists of a prescription or message to society, which is translated
into technical legal terms and language. The language used in legal norms may vary
between different countries due to their distinct historical backgrounds and legal traditions.
, As a result, different words or expressions may exist for the same legal concept in different
languages.
For example, in English law, the concepts of "tort" and "negligence" are used, while in Italian
law, the corresponding concepts are referred to as "atto illecito" and "responsabilità
extracontrattuale."
The development of legal language also varies across jurisdictions. In England, the legal
language has been shaped by judges in the courts, resulting in concrete and practical
expressions. On the Continent, legal language draws its roots from Roman law, particularly
the Corpus Juris Civilis compiled by Justinian, and has been further developed by
universities such as the University of Bologna.
Over time, the English language has become the international legal language, in part due to
its ambiguity, which allows for flexibility and negotiation in legal contexts.
Sources of law in italy - correct answer-1. Super primary sources (first the constitution then
the constitutional laws)
2. Primary sources (law=law decrees=legislative decrees)
3. Secondary sources (govt regulations = local regulations)
Sources of law in England - correct answer-1.Constitution (unwritten)
2. statute
3. case law: norms enacted by the court, that are officially part of the source of law,then
turned into decisions.
Positive Law - correct answer-A laid down law, enacted by the government or parliament, is
indeed a crucial source of law. These laws provide legal certainty regarding their content,
enforceability, and consistent application. The fact that a law is written contributes to its
validity and authority.
When a law is formally enacted and documented, it becomes part of the legal framework and
serves as a binding rule that individuals and institutions are required to abide by. Written
laws help establish clear guidelines, rights, obligations, and prohibitions within a legal
system. They provide a basis for legal decision-making, interpretation, and enforcement.
By being written and officially published, laws become accessible to the public, ensuring
transparency and accountability in the legal system. The written form also facilitates the
dissemination and dissemination of laws, making them widely available to individuals, legal
professionals, and courts for reference and application.
It's important to note that while written laws are a fundamental source of legal certainty, there
may be other sources of law, such as judicial precedents, customary practices, international
treaties, and constitutional principles, depending on the specific legal system and its sources
of authority.
customary law - correct answer-Customary law, also known as customs, refers to rules of
behavior that have developed and become accepted within a society or social group over
time. These rules arise spontaneously from the practices and traditions of the community
and are based on mutual expectations.
Customary law is prevalent in various legal systems around the world, including many
African countries. In Mali, for example, customary law plays a significant role in regulating
social relationships, resolving disputes, and governing various aspects of community life. It is
deeply rooted in the traditions, customs, and cultural practices of the Malian people.
What is it? - correct answer-The comparison of different legal systems has been a subject of
discussion for a long time, but the formal science of comparing legal systems emerged in the
late 20th century, particularly during the Congress of Comparative Law in Paris in 1900,
organized by the Société de Législation Comparée.
There used to be a debate about whether the study of comparing legal systems should be
considered a science or a method. However, nowadays it is widely accepted as a scientific
discipline, focused on understanding and analyzing the similarities and differences between
legal systems.
Law, or "diritto" in Italian, encompasses a set of rules that can be categorized into various
types, including social norms (etiquette), religious rules, moral principles, rules governing
specific organizations (such as student associations), and legal norms.
A significant portion of the legal system consists of legal rules, which prescribe how
individuals within a social group should or should not behave. For example, a legal rule may
state "Do not steal," providing guidance on appropriate conduct within society. Legal rules
are more specific and concrete compared to broader principles or guidelines.
How to distinguish legal norms from the other categories? - correct answer-Legal norms
typically possess the following characteristics:
1. Accompanied by sanctions and enforcement: Legal norms are usually backed by
sanctions, which can include pecuniary fines, imprisonment, or even the death penalty,
depending on the severity of the violation. These sanctions are enforced through various
mechanisms, such as law enforcement agencies, judges, and the Ministry of Justice.
2. Written in legislation (statutes): Legal norms are often codified and expressed in written
form within legislative documents, such as statutes, codes, regulations, or ordinances.
These written laws provide a clear and authoritative source for individuals to consult and
understand their rights and obligations.
3. Based on normal language: While legal language is distinct in some respects, it is
primarily derived from and based on the use of ordinary language. Legal texts are intended
to communicate and convey legal principles and requirements to individuals, and thus they
employ linguistic structures and terminology that can be understood by those familiar with
the language. However, it is important to note that legal language may incorporate technical
terms, specific definitions, and legal concepts that may not align precisely with everyday
language use.
It is worth noting that the linguistic aspect of legal language does not always align perfectly
with the everyday use of language. Legal terminology, precision, and specific legal concepts
may create differences between the language used in legal texts and ordinary language.
Legal interpretation and analysis often require a deeper understanding of legal principles
and concepts beyond the surface-level understanding of normal language.
The norm and its character: general and abstract - correct answer-Norms are indeed
designed to apply generally to a society rather than regulate specific individuals or situations.
The content of a norm consists of a prescription or message to society, which is translated
into technical legal terms and language. The language used in legal norms may vary
between different countries due to their distinct historical backgrounds and legal traditions.
, As a result, different words or expressions may exist for the same legal concept in different
languages.
For example, in English law, the concepts of "tort" and "negligence" are used, while in Italian
law, the corresponding concepts are referred to as "atto illecito" and "responsabilità
extracontrattuale."
The development of legal language also varies across jurisdictions. In England, the legal
language has been shaped by judges in the courts, resulting in concrete and practical
expressions. On the Continent, legal language draws its roots from Roman law, particularly
the Corpus Juris Civilis compiled by Justinian, and has been further developed by
universities such as the University of Bologna.
Over time, the English language has become the international legal language, in part due to
its ambiguity, which allows for flexibility and negotiation in legal contexts.
Sources of law in italy - correct answer-1. Super primary sources (first the constitution then
the constitutional laws)
2. Primary sources (law=law decrees=legislative decrees)
3. Secondary sources (govt regulations = local regulations)
Sources of law in England - correct answer-1.Constitution (unwritten)
2. statute
3. case law: norms enacted by the court, that are officially part of the source of law,then
turned into decisions.
Positive Law - correct answer-A laid down law, enacted by the government or parliament, is
indeed a crucial source of law. These laws provide legal certainty regarding their content,
enforceability, and consistent application. The fact that a law is written contributes to its
validity and authority.
When a law is formally enacted and documented, it becomes part of the legal framework and
serves as a binding rule that individuals and institutions are required to abide by. Written
laws help establish clear guidelines, rights, obligations, and prohibitions within a legal
system. They provide a basis for legal decision-making, interpretation, and enforcement.
By being written and officially published, laws become accessible to the public, ensuring
transparency and accountability in the legal system. The written form also facilitates the
dissemination and dissemination of laws, making them widely available to individuals, legal
professionals, and courts for reference and application.
It's important to note that while written laws are a fundamental source of legal certainty, there
may be other sources of law, such as judicial precedents, customary practices, international
treaties, and constitutional principles, depending on the specific legal system and its sources
of authority.
customary law - correct answer-Customary law, also known as customs, refers to rules of
behavior that have developed and become accepted within a society or social group over
time. These rules arise spontaneously from the practices and traditions of the community
and are based on mutual expectations.
Customary law is prevalent in various legal systems around the world, including many
African countries. In Mali, for example, customary law plays a significant role in regulating
social relationships, resolving disputes, and governing various aspects of community life. It is
deeply rooted in the traditions, customs, and cultural practices of the Malian people.
