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Geographic Expansion

Geographic Expansion. Classification of legal systems Genetic pedigree Typological criteria Divisions Common law vs civil law Civil law: French vs German Federal vs unitary system. Geographic Expansion. Geographic survey Colonialism Political upheaval Eclectic borrowing

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Geographic Expansion

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  1. Geographic Expansion • Classification of legal systems • Genetic pedigree • Typological criteria • Divisions • Common law vs civil law • Civil law: French vs German • Federal vs unitary system

  2. Geographic Expansion • Geographic survey • Colonialism • Political upheaval • Eclectic borrowing • Pluralism (different systems in same country)

  3. Geographic Expansion “Classification is the ultimate purpose of any kind of comparative scholarship” Do you agree?

  4. Geographic Expansion “Common law and civil law systems are subject of continual convergence.” Do you agree?

  5. Geographic Expansion “In any given system there are ‘legal formants’ that produce different and sometimes conflicting results – Rodolfo Sacco.” Do you agree? Can you think of examples?

  6. Geographic Expansion Legal formants (legal pluralism) • Italy • Judicial system based on French law • Interpretation (civil procedure?) based on German law and German scholarship • Japan • adopts US antitrust law (during WWII occupation) • Applies antiturst law under civil law “sensibilities” (procedures, etc)

  7. Geographic Expansion Geographic survey • Civil law • Europe • Latin America • Asia, Africa, Middle East • Africa • Uncodified civil law • British Empire (Asia, Africa) • US influence • China • Eclectic systems

  8. Geographic Expansion • Latin America • Spanish and Portuguese conquerors (Roman-based law) • US-style constitutions • Mixed systems: Puerto Rico, Quebec, Louisiana

  9. Geographic Expansion • Civil law sphere • Western Europe • Eastern Europe • Russia

  10. Geographic Expansion • British Empire • Africa, Middle East, Asia (common law) • Privy Council as court of last resort • Mixed system • Respect for local law in “personal” matters (family, marriage, succession) • British law in commercial and procedural matters

  11. Geographic Expansion • US “influence” • Philippines, Puerto Rico • Liberia • Japan / South Korea • US statutory law • German code and civil law methods • Multi-national corporations • Corporate law • Commercial law (pluralism)

  12. Geographic Expansion • China • Socialist / Civil law influence • Post-Mao codification • Socialist market economy • Rule of law: traditional Confucianism • Like Japan function with non-legal conventions • Non-litigious • Special position of Hong Kong • Legal education: 20% must be on topic of foreign law in that law’s language

  13. Geographic Expansion • Uncodified civil law • South Africa (Dutch-Roman law) • Scotland [see book] • Sri Lanka • Guyana

  14. Geographic Expansion • Mixed / eclectic systems • Turkey (Ataturk modernization) • Swiss Civil Code, German Commercial Code, Italian Penal Code, Swiss Civil Procedure • Similar “bouquet of codes”: Thailand, Ethiopia • Israel • Religious courts (Jewish, Muslim,Christian) • Comprehensive Code of Private Law • Nordic countries

  15. Geographic Expansion • Mixed / eclectic systems • European Union

  16. Geographic Expansion • Russia • [see book]

  17. Geographic Expansion • Alternative systems • Local / tribal law • Socialist law • Islamic law • Hindu law (caste, customary family law) • Relation to European law (common / civil)

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