Their codes on the german codes japan switzerland

  • No School
  • AA 1
  • 59

This preview shows page 24 - 26 out of 59 pages.

their codes on the German codes - Japan, Switzerland, Scandinavia and Austria, for example - were strongly influenced by developments in German legal thinking. There gradually developed groupings of national legal systems therefore, which had common foundations and structures. It is the field of comparative law that has provided us with the different groupings of these legal systems. It is not possible to put an exact figure on the number of different legal systems throughout the world. This is partly due to the fact that, as new nation states emerge, or re-emerge, they create their own new legal systems (even if those systems are based on ones already established elsewhere). Also, if the classification of legal systems is extended to include the customary laws of indigenous peoples, this introduces further legal systems, which would belong in a family of their own, not to one of the established and recognised families of Common or Civil Law. Another reason for not being able to put a definite figure on the number of legal systems is the fact that how legal systems are categorised depends on the criteria used to identify and classify them. For example, if we were to identify a group of legal systems based on geographical location only, we might say that one 'family’ of legal systems is those in the Asia-Pacific area which, depending on how we defined ‘Asia Pacific’, might include the legal systems of Australia, New Zealand, China, Malaysia, Thailand, Singapore, the United States, a number of Pacific island nation States, Japan and - at least in geographical terms - parts of the east coast of Russia. Within such a group, we have a number of legal systems, which are fundamentally different from one another. If we are trying to understand the way in which different legal systems work, such a classification (on geographical terms) is not particularly helpful. A better approach is to look at each system, examine how it deals with the problems and questions with which it is confronted, and then to group together those legal systems which approach the problems and issues in a similar way. In keeping with the practice of the major works on comparative law, we will not attempt to consider all the legal systems which can be identified. Rather, we shall look at the Civil Law family, as represented by the French and German legal systems. Then we shall consider the Common Law family, as represented by the English and American legal systems. Finally, we shall identify some other legal systems, which, although relevant, only have effect in a limited area. 24
Image of page 24

Subscribe to view the full document.

CO5119:03 Business Law SUBJECT MATERIALS >> SCHOOL OF LAW JAMES COOK UNIVERSITY 2.2 The Civil Law Family The Civil Law Family encompasses a group of legal systems that developed in Western Europe from Roman, Germanic and Canonic (Christian religious) traditions. This legal family has its roots in a text commissioned by a Roman Emperor, Justinian 1 (527 - 565 AD) entitled Corpus Juris Civilis’ which means Body of Civil Law . This work contained four parts: the Institutes, the Digest, the Code and the Novels. The second part, the Digest, was the most
Image of page 25
Image of page 26
  • Fall '19

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes