comparative law-legal system
legal system - correct answer-the legal rules and institutions of a particular country
legal family - correct answer-certain laws which can be considered representative of a family
which groups a number of laws
legal traditions - correct answer-a set of historically conditioned attitudes towards the role of
law in a society
Esmein method of classification - correct answer-three main criteria: historical sources,
general structure, particular characteristics
Esmein families - correct answer-Anglo-Saxon, Romanistic, Germanic, Slavic, Islamic
David classification - correct answer-ideology and legal technique (conception of justice)
David (1950) families - correct answer-Western, socialist, Hindu, Chinese, Islamic
David (1978) families - correct answer-Romanistic-German, Common law, Socialist
Zweigert + Kotz classification method - correct answer-style: institutions, methods of
thinking, sources of law, historical development (different weight dependant on
circumstances)
Zweigert + Kotz families - correct answer-Romanistic, Germanic, (socialist), Nordic,
Common law, Far Eastern, Islamic, Hindu
Orucu - correct answer-family tree approach: classified according to parentage, constituent
elements and the resulting blend. distinctiveness as well as similarity. all legal systems are
mixed
Mattei - correct answer-taxonomy - professional, political or traditional law
rule of political law - correct answer-political and legal process cannot be separated in the
sense of having achieved autonomous fields of operation. constitutional element and
constitution as source of legitimisation.
Rule of professional law - correct answer-legal arena clearly distinguishable from the political
arena. legal process largely secularised.
rule of traditional law - correct answer-separation between law and religious tradition has not
taken place
generalities of families - correct answer-categorisation depends on area of law. classification
is not an end in itself. certain factors distinguish between certain families but not others.
, Islamic tradition - correct answer-based on Koran and other sources. mixed systems in most
Arab states (Islamic in family matters, civil in others). Egypt Civil Code, Code of Syria.
Indonesia with Dutch colonial law
Scandinavian - correct answer-not neatly civil law. derived from German law. No civil code -
mixture of statutory and case law, specific legal method.
Hindu Law - correct answer-india, Nepal, Pakistan. complex, vast and impossible to
summarise literature. laws cover more areas than a secular system.
Far eastern law - correct answer-law plays a minor role. courts and law seen as a last resort.
peaceful conciliation.
customary law - correct answer-unwritten or tribal customs. conciliation and dispute
settlement. I.e., Africa, has formal law from colonialism but relations between individuals up
to customary framework
other groupings - correct answer-secular v religious, codified v uncodified, pluralistic v
unitary systems
common law/civil law divide issues - correct answer-all legal systems are mixed (borrowing).
EU law, too eurocentric, too static, significant differences within one family
pre-roman republic - correct answer-romans lived by laws developed by centuries of custom
handed down through generations. this law only applied to Roman citiens and was thus civil
law.
patricians v plebeians - correct answer-patricians (elite) and plebeians (common people)
were divided in society. a group of patrician men named pontiffs made decisions in
customary law plebeians realised the unfairness in decisions and called for laws to be
written down.
the Twelve Tables - correct answer-a committee of 10 en called decemvirs wrote down the
law for the first time. touched on areas of law such as public and religious as well as civil law.
did not write new laws. focused on aspects that could lead to dispute and technical aspect of
legal procedure
law of nations and natural law - correct answer-developed to help govern foreigners as well
as citizens. was law based upon principles shared by all civilised countries. based on the
principles shared by all living creatures, humans as well as animals.
jurists - correct answer-as natural and national law became more complex, a group of jurists
trained in the law emerged. they did not administer law, but rather focused on interpreting
and generating opinions on the law.
legal system - correct answer-the legal rules and institutions of a particular country
legal family - correct answer-certain laws which can be considered representative of a family
which groups a number of laws
legal traditions - correct answer-a set of historically conditioned attitudes towards the role of
law in a society
Esmein method of classification - correct answer-three main criteria: historical sources,
general structure, particular characteristics
Esmein families - correct answer-Anglo-Saxon, Romanistic, Germanic, Slavic, Islamic
David classification - correct answer-ideology and legal technique (conception of justice)
David (1950) families - correct answer-Western, socialist, Hindu, Chinese, Islamic
David (1978) families - correct answer-Romanistic-German, Common law, Socialist
Zweigert + Kotz classification method - correct answer-style: institutions, methods of
thinking, sources of law, historical development (different weight dependant on
circumstances)
Zweigert + Kotz families - correct answer-Romanistic, Germanic, (socialist), Nordic,
Common law, Far Eastern, Islamic, Hindu
Orucu - correct answer-family tree approach: classified according to parentage, constituent
elements and the resulting blend. distinctiveness as well as similarity. all legal systems are
mixed
Mattei - correct answer-taxonomy - professional, political or traditional law
rule of political law - correct answer-political and legal process cannot be separated in the
sense of having achieved autonomous fields of operation. constitutional element and
constitution as source of legitimisation.
Rule of professional law - correct answer-legal arena clearly distinguishable from the political
arena. legal process largely secularised.
rule of traditional law - correct answer-separation between law and religious tradition has not
taken place
generalities of families - correct answer-categorisation depends on area of law. classification
is not an end in itself. certain factors distinguish between certain families but not others.
, Islamic tradition - correct answer-based on Koran and other sources. mixed systems in most
Arab states (Islamic in family matters, civil in others). Egypt Civil Code, Code of Syria.
Indonesia with Dutch colonial law
Scandinavian - correct answer-not neatly civil law. derived from German law. No civil code -
mixture of statutory and case law, specific legal method.
Hindu Law - correct answer-india, Nepal, Pakistan. complex, vast and impossible to
summarise literature. laws cover more areas than a secular system.
Far eastern law - correct answer-law plays a minor role. courts and law seen as a last resort.
peaceful conciliation.
customary law - correct answer-unwritten or tribal customs. conciliation and dispute
settlement. I.e., Africa, has formal law from colonialism but relations between individuals up
to customary framework
other groupings - correct answer-secular v religious, codified v uncodified, pluralistic v
unitary systems
common law/civil law divide issues - correct answer-all legal systems are mixed (borrowing).
EU law, too eurocentric, too static, significant differences within one family
pre-roman republic - correct answer-romans lived by laws developed by centuries of custom
handed down through generations. this law only applied to Roman citiens and was thus civil
law.
patricians v plebeians - correct answer-patricians (elite) and plebeians (common people)
were divided in society. a group of patrician men named pontiffs made decisions in
customary law plebeians realised the unfairness in decisions and called for laws to be
written down.
the Twelve Tables - correct answer-a committee of 10 en called decemvirs wrote down the
law for the first time. touched on areas of law such as public and religious as well as civil law.
did not write new laws. focused on aspects that could lead to dispute and technical aspect of
legal procedure
law of nations and natural law - correct answer-developed to help govern foreigners as well
as citizens. was law based upon principles shared by all civilised countries. based on the
principles shared by all living creatures, humans as well as animals.
jurists - correct answer-as natural and national law became more complex, a group of jurists
trained in the law emerged. they did not administer law, but rather focused on interpreting
and generating opinions on the law.
