Global Legal Systems Overview

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Questions and Answers

Which of the following statements is a characteristic of legal centralism?

  • All legal systems belong to the Western Legal Tradition
  • Legal systems are determined solely by cultural practices
  • A single legal system can correspond only to a single geographical area (correct)
  • Every legal system is based upon a specific natural law conception

What lesson does the tulip bubble illustrate about markets?

  • Market trends are always predictable
  • Any market must have rules designed outside of it (correct)
  • The state should not meddle in market matters
  • Goods automatically find a price in the market

What became the connection between land and sea orders in the new Jus Publicum Europaeum?

  • The French state
  • The island of England
  • The Empire (correct)
  • The Mediterranean Sea

What do comparative and global approaches commonly share?

<p>They use a complex approach to study together law, economics, and politics (D)</p>
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What does the 'gold standard' refer to?

<p>A monetary system with a fixed amount of gold backing currency (C)</p>
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How is Chinese political and legal philosophy characterized?

<p>It emphasizes governance or ruling of men, termed 'renzhi' (A)</p>
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The normative conceptualization of globalization is defined as what?

<p>The set of rules governing the relationships between states (D)</p>
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Who authored 'The Geographical Pivot of History'?

<p>H.J. Mackinder (C)</p>
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What is the main function of the World Trade Organisation (WTO)?

<p>To increase the wealth of states and ensure smooth trade (A)</p>
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Which of the following constitutes the three pillars of Bretton Woods institutionalized multilateralism?

<p>International Monetary Fund (IMF), World Bank, GATT (D)</p>
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When was the Modern State conventionally considered to be born?

<p>Peace of Westphalia (D)</p>
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What does the 'Law and Development' earliest background represent?

<p>Efforts to promote law reforms in developing countries (A)</p>
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How is natural law typically described in a broad sense?

<p>As rules derived from non-manmade sources (A)</p>
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What characterizes the second generation of the 'Law and Development' approach in the early 1980s?

<p>Shifted attention from state solutions to market-oriented policies (A)</p>
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What aspect is highlighted as a characteristic of the American version of legal realism?

<p>Emphasis on law in action versus law in books (C)</p>
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What is the major argument linking law and economics?

<p>That maximum efficiency of law correlates with economic structures and governance (C)</p>
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According to legal universalism, human rights are characterized by which of the following?

<p>Not restricted in scope but must acknowledge legal pluralism (B)</p>
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What type of law structure characterized Middle Ages Western European law?

<p>Divided between local ius proprium and transnational ius commune (C)</p>
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The official absence of the USA created problems for which international organization?

<p>League of Nations (D)</p>
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What was the consequence of the Monroe Doctrine declared in 1823?

<p>Prevented European colonization in the Americas (D)</p>
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The influential figures behind the Bretton Woods system include?

<p>John Maynard Keynes and Henri Dexter White (B)</p>
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Flashcards

Legal Centralism

A legal ideology of modernity that believes in a single, overarching legal system for all societies, often associated with Western legal traditions.

Gold Standard

A monetary system where the value of a currency is directly tied to a fixed amount of gold. It was widely used in the 19th and early 20th centuries.

Tulip Bubble

A historical event where the prices of tulip bulbs in the Netherlands inflated massively before collapsing. It illustrates the dangers of speculative bubbles and market instability.

Renzhi (Governance of Men)

The idea of governance in Chinese political and legal philosophy, emphasizing the importance of rulers acting with moral principles and respecting the people.

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WTO (World Trade Organization)

A global organization regulating international trade between nations, with rules designed to promote free trade and economic prosperity.

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Normative Conceptualization of Globalization

The concept that globalization is primarily shaped by the rules and norms governing relationships between states, such as international law, diplomacy, and treaties.

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The Geographical Pivot of History

An influential article by H.J. Mackinder, outlining the geopolitical significance of the Eurasian landmass and its role in shaping world power.

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Jus Publicum Europaeum

The concept of a common legal and political order that united various European states. The Holy Roman Empire, centered around the German Empire, served as a unifying element during this period.

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What is the World Trade Organisation (WTO) and what is its primary function?

The World Trade Organisation (WTO) is an intergovernmental organization that regulates international trade. Its primary function is to ensure that trade flows smoothly, predictably, and freely among nations.

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How is the constitutional chain of legitimacy established?

The constitutional chain of legitimacy starts with the people, and that power is channeled to a constitution, which then guides the government.

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What are the three pillars of Bretton Woods institutionalized multilateralism?

The three pillars of Bretton Woods institutionalized multilateralism are the International Monetary Fund (IMF), the World Bank (WB), and the General Agreement on Tariffs and Trade (GATT).

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When and how did comparative law emerge?

Comparative law emerged in the 19th and 20th centuries as a product of private international law, which dealt with legal systems in different countries.

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When was the Modern State conventionally born?

The Modern State is conventionally considered to have been born with the Peace of Westphalia in 1648.

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What is the core argument of Professor Coleman's article "The Hobbesian Basis of American Constitutionalism"?

Professor Coleman argues that the American Constitution, despite its emphasis on liberty, is rooted in a Hobbesian philosophy, emphasizing the need for strong state power to maintain order.

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What characterized the second generation of the "Law and Development" approach?

The second generation of the "Law and Development" approach, which emerged in the early 1980s, shifted its focus from state-led development to market-oriented policy thinking.

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What is one distinctive feature of American legal realism?

American legal realism is characterized by its recognition of the difference between law in books (what legal codes prescribe) and law in action (how laws are actually applied in practice) by judges and other legal actors.

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How do the authors of the article "The Economic Consequences of Legal Origins" define legal origin?

The authors of the article "The Economic Consequences of Legal Origins" view legal origin broadly as a style of social control, influencing not just the economy but other aspects of life as well.

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What was the earliest background of the "Law and Development" approach?

The "Law and Development" approach originated in the attempts of Western developed economies to promote legal reforms in developing countries, aiming to foster their economic progress.

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How was Western European law structured in the Middle Ages?

Western European law in the Middle Ages was characterized by a division between the local "ius proprium" (customary law specific to a region) and the transnational "ius commune" (common law shared across jurisdictions).

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What was the problem of the relation between the League of Nations and the 'Western Hemisphere'?

The problem of the relation between the League of Nations and the 'Western Hemisphere' was due to the official absence, but effective presence, of the United States. The US did not formally join the League of Nations, but it still wielded significant influence in the Western Hemisphere.

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What did the Monroe Doctrine declare in 1823?

The Monroe Doctrine, declared in 1823, removed the Western Hemisphere from further European land-appropriations, asserting US dominance over the region.

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What distinguishes natural law theories?

Natural law theories posit that there are moral and ethical principles that are inherently right and just, independent of human-made laws.

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Study Notes

  • Key characteristic is not all legal systems belonging to the Western Legal Tradition, nor based on a single natural law conception, nor limited to one geographical area.

Tulip Bubble Lesson

  • Markets require external rules (not internal).

Jus Publicum Europaeum

  • Connecting link is not the French state, but potentially the Empire.

Comparative & Global Approaches

  • Shared characteristic: complex approach to study law, economics, and politics, appearing universalist.

Gold Standard

  • A monetary system where the unit is a fixed amount of gold or maintains that value.
  • Focuses on governance/ruling of people ("renzhi").

Normative Conceptualization of Globalization

  • Primarily concerned with the rules governing state relationships.

Geographical Pivot of History

  • Authored by H. J. Mackinder.

WTO System

  • Function: to ensure smooth and predictable trade flow.

Constitutional Chain of Legitimacy

  • Originates from the people and is channeled through constitutions.

Bretton Woods Pillars

  • IMF, WB, GATT

Comparative Law's Emergence

  • Developed in the 19th and 20th centuries, not the 13th century.

Modern State's Birth

  • Conventionally associated with the Peace of Westphalia.

Hobbesian Basis of American Constitutionalism

  • Focuses on Hobbes, and Locke, particularly Madison (and their Hobbesian aspects).

Second Generation of Law & Development

  • Characterized by diverse legal reform projects, moving from state focus to market-oriented policies.
  • Recognizes the difference between law in action and law in the books (not exclusively positive law).
  • Authors adopted a broad conception of legal origin, linking it to social control of economic life.

Law & Development's Origins

  • Rooted in Western economies promoting legal reforms in developing countries.

Medieval European Law

  • Divided into local ("ius proprium") and transnational ("ius commune") law.

League of Nations & Western Hemisphere

  • Problem stems, in part, from the US's official absence and effective presence.

Monroe Doctrine

  • Removed the Western Hemisphere from further European land-appropriations.

Natural Law Theories

  • Theoretical constructions of normative rules perceived as derived from non-human sources (not simply religious or moral rules).

Bretton Woods Inspirers

  • John Maynard Keynes and Henri Dexter White
  • Human rights have universal application and are not confined to national borders.

Cultural Nature of Laws & Globalization

  • Stresses "glocalization" (global and local) alongside globalization.

Scientification of Comparative Law's Culmination

  • Likely the great congress of Paris in 1900, possibly other related congresses.

Linking Law & Economics

  • Main argument focuses on efficiency dependent on (and likely improved by) democratic institutions.

Authoritarian Regimes & Rule of Law

  • Authoritarian regimes rely on legal frameworks, and use law for self-reform.

Globalization's Main Actors

  • Market and state.

Pluralist Theories

  • Acknowledge and value legal diversity globally, rejecting harmonization.

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