In today's globalized world, jurists cannot limit themselves to studying the laws of their own country. This book is mainly intended to be used as a textbook for beginners taking introductory courses on foreign and comparative law. Its concise format makes it fit for use also in other courses, such as legal history or jurisprudence, having the ambition to provide the students with a basic knowledge about English, American, French, German, Chinese and Islamic law and legal culture, as well as about the methodological problems that arise in connection with studying, comparing and working with foreign legal systems in general. The book will hopefully also be useful as a spring-board towards more profound studies by students and others seeking more advanced knowledge.
Michael Bogdan is Professor of Comparative and Private International Law at the University of Lund, Sweden.
Foreword
Contents
Abbreviations
Part I General Part
Chapter 1 Introduction
1.1 The Name of the Subject
1.2 An Attempt to Define the Subject
1.3 Comparative Law and Studies of Foreign Law
1.4 Comparative Law – Method or Science?
Chapter 2 The Uses of Comparative Law
2.1 General Education
2.2 Obtaining a Better Understanding of One’s Own Legal System
2.3 Working de lege ferenda
2.4 Harmonization and Unification of Laws
2.5 Working de lege lata
2.6 Public International Law and EU Law
2.7 Private International Law and International Penal Law
2.8 Use for Pedagogical Purposes
2.9 Other Areas of Use
Chapter 3 Some Problems Connected with the Study or Foreign Law
3.1 General Remarks
3.2 Availability and Reliability of the Sources of Information
3.3 Interpretation and Use of Foreign Sources of Law
3.4 The Foreign Legal System Must be Studied in its Entirety
3.5 Translation Problems
3.6 Obsolete and Living Law
3.7 Social Context and Purpose of the Legal Rules
Chapter 4 The Comparison
4.1 General Remarks
4.2 The Problem of Comparability
4.3 Comparability of Laws of Countries with Different Social Systems
Chapter 5 Explaining Similarities and Differences between Legal Systems
5.1 What Needs to be Explained?
5.2 The Economic System
5.3 The Political System an Ideology
5.4 Religion
5.5 History and Geography
5.6 Demographic Factors
5.7 Co-Influence of Other Means of Control
5.8 Accidental and Unknown Factors
Chapter 6 Comparative Evaluation of the Compared Solutions
Chapter 7 Grouping of Legal Systems into Families of Law
Chapter 8 The Common Core of Legal Systems and the Presumption of Similarity
Part II The Most Important Legal Systems
Chapter 9 English Law
9.1 Introduction
9.2 Common Law
9.3 Equity
9.4 Interpretation of Precedents
9.5 The Judiciary
9.6 Interpretation of Statutes
9.7 Legal Education and the Legal Profession
9.8 Geographic Spread of English Law
Chapter 10 American Law
10.1 Federalism
10.2 Constitutional Litigation
10.3 The Judiciary
10.4 Legal Education and the Legal Profession
10.5 Geographic Spread of American Law
Chapter 11 French Law
11.1 Historical Background
11.2 The Napoleon Code
11.3 The Judiciary
11.4 Legal Education and the Legal Profession
11.5 Geographic Spread of French Law
Chapter 12 German Law
12.1 Historical Background
12.2 The German Civil Code (BGB)
12.3 The Judiciary
12.4 Legal Education and the Legal Profession
12.5 Geographic Spread of German Law
Chapter 13 Chinese Law
13.1 Confucianism
13.2 Main Features of Legal Development
13.3 Legal Education and the Legal Profession
13.4 Geographic Spread of Chinese Law
Chapter 14 Moslem Law
14.1 Sources of Law
14.2 Legal Method
14.3 Geographic Spread of Moslem Law
Bibliography
Index