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Questions and Answers
What was one outcome of positivism according to the content?
What was one outcome of positivism according to the content?
- Encouraging constant legal interpretations
- Emphasizing moral relativism
- Promoting harmony in society through order (correct)
- Advocating for the abolition of codification
Which example illustrates legal transfer from the 19th century?
Which example illustrates legal transfer from the 19th century?
- The French legal code in Vietnam
- The adoption of the US Constitution by Canada
- The German BGB in Brazil (correct)
- The English common law in India
What does 'codification' symbolize in the context of the 19th century?
What does 'codification' symbolize in the context of the 19th century?
- An achievement in legal progress and modernity (correct)
- A return to feudal legal systems
- An increase in legal complexities
- Resistance to European perspectives
What characterized the economic and political context of legal transitions in the 19th century?
What characterized the economic and political context of legal transitions in the 19th century?
What was a significant aspect of legal reforms suggested by unequal treaties?
What was a significant aspect of legal reforms suggested by unequal treaties?
What does the term 'scientification' refer to in the context provided?
What does the term 'scientification' refer to in the context provided?
Which philosophical theory was widely spread in the 19th century regarding legal systems?
Which philosophical theory was widely spread in the 19th century regarding legal systems?
How is the process of legal transfer often characterized?
How is the process of legal transfer often characterized?
Flashcards
Legal Transfer
Legal Transfer
The process of borrowing and adopting legal systems from one country to another. This often involved transplanting legal concepts, principles, and institutions.
Legal Codification
Legal Codification
The idea that legal systems can be scientifically analyzed and codified, creating a clear and consistent legal framework for a nation-state. It emphasized the importance of logic, objectivity, and order in legal processes.
Positivism
Positivism
A philosophical approach that emphasizes scientific observation and empirical evidence. In law, Positivism advocates for clear legal rules and regulations based on verifiable facts and logic, rather than moral or religious considerations.
19th Century Legal Transitions
19th Century Legal Transitions
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Legal Transfers in the 19th Century
Legal Transfers in the 19th Century
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Globalization and Colonial Context
Globalization and Colonial Context
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Legal Transplant
Legal Transplant
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Legal Reception
Legal Reception
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Study Notes
Global Legal History - Module 8, Part 1: Global Setting
- Legal transitions were significantly influenced by pressure, particularly in the 19th Century.
- The 19th century witnessed global legal systems undergoing significant shifts.
- Legal systems varied globally, with different countries adopting civil law, common law, and a mix of both.
- The transfer of legal systems was not always direct or linear, but involved the interplay of external influences and local adoption/adaptation.
- Global legal transitions were interwoven with economic, diplomatic and military pressures and power imbalances.
- The imposition of external legal frameworks alongside existing local customs led to unequal treaties and sovereignty issues, impacting nations.
- "Unequal treaties" and the desire to recover full sovereignty prompted legal reforms often labeled "modernization".
Legal Transfer in Brazil (19th Century)
- Legal transfer in Brazil during the 19th century involved influences from German, Portuguese and Argentinan systems.
Legal Systems in Asia
- Common law, civil law, and blended systems are present in Asia.
Codification: A Model of Success
- Codification emerged as a significant model of success during the 19th and early 20th centuries, strongly linked to nation-state building.
- Codification, influenced by European theoretical frameworks, was a form of legal modernization often connected with positivism.
- August Comte (1798-1857) plays a part in the positivistic ideals and understanding of societal order via legal codifaction.
- Codification and legal progress were linked to societal order and progress in the era.
- Codification achieved worldwide acceptance becoming popular, influencing state building and legal reform.
Legal transfer: Transplant? Reception?
- Global legal transfer was not a simple imposition.
- Transplants of legal systems happened but with local adaptation (reception), leading to hybrid systems.
- Global dynamics, local needs/contexts play major role.
- The adoption of new legal systems involved interpreting and modifying introduced laws in new environments
Metaphor - Hybridisation
- Legal systems' development is often viewed as a hybridisation process (combining features from other origins.)
- Legal systems, like organic organisms, are not simply transplanted but rather experience a combination of elements forming a new hybrid.
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