Introduction to Comparative Law

The Commission will examine the laws in each Member State.

A potential danger is that it may lead to the loss of local legal traditions and flexibility.

One learning effect is gaining knowledge and understanding of different legal systems.

<p>Legal functionalism focuses on the law's operative role in society.</p> Signup and view all the answers

<p>The starting point is the observation of a social problem.</p> Signup and view all the answers

<p>A critical assessment of the legal systems being compared is essential.</p> Signup and view all the answers

<p>'Real types' look at actual legal systems, while 'ideal types' work with conceptions of perfect legal systems.</p> Signup and view all the answers

<p>One benefit is the ability to find new ways to solve cases by learning from other jurisdictions.</p> Signup and view all the answers

<p>There is often an automatic assumption that the male figure is the father in legal contexts.</p> Signup and view all the answers

<p>'Praesumptio similitudinis' presumes similarity between different legal systems during comparison.</p> Signup and view all the answers

<p>Measuring quality can be a normative exercise, which may involve subjective criteria.</p> Signup and view all the answers

<p>Length of trials, litigation costs, and the number of differing opinions.</p> Signup and view all the answers

<p>Legal transplants occur when a legislator adopts a rule from another country, either by copying it precisely, adopting a functional equivalent, or transferring general legal ideas.</p> Signup and view all the answers

<p>Decolonial comparative law seeks to replace universality with pluriversity and emphasizes non-state law and epistemologies of the Global South.</p> Signup and view all the answers

<p>Indices aim to assess and compare the comprehensiveness of legal rules, such as those related to environmental impact assessment.</p> Signup and view all the answers

<p>By measuring overlap and divergence in legal rules across jurisdictions.</p> Signup and view all the answers

<p>'Folk law' represents unwritten law that gains legitimacy through social acceptance, highlighting local customs and practices.</p> Signup and view all the answers

<p>A common criticism is that comparative law often reflects colonial and neo-colonial elements within its analysis.</p> Signup and view all the answers

<p>Entirely mixed legal systems combine elements from different legal traditions. An example is Scotland, which incorporates both common law and civil law.</p> Signup and view all the answers

<p>Canada predominantly follows common law, while Quebec adheres to civil law.</p> Signup and view all the answers

<p>Horizontally divided legal systems consist of different types of law that coexist and interact at the same level. This means civil, criminal, and commercial laws operate side by side.</p> Signup and view all the answers

<p>Vertically divided legal systems categorize laws into different layers based on jurisdiction, such as federal and state law in the U.S. This can lead to overlaps and conflicts in legal application.</p> Signup and view all the answers

<p>Parallel legal systems operate simultaneously within the same territory, where individuals may be subject to multiple legal frameworks. Transnational law, including international treaties, informs how national laws are enforced.</p> Signup and view all the answers

<p>Challenges include treating culture as a black box and the need for sufficient expertise to depart from strictly legal comparisons.</p> Signup and view all the answers

<p>Socio-legal comparison allows for a more comprehensive approach by taking into account the function of law within various societal contexts.</p> Signup and view all the answers

<p>Drawbacks include a concentration on private law and the potential for legal classifications to stagnate, preventing legal evolution.</p> Signup and view all the answers